Local and special acts and resolutions of the General Assembly of the state of Georgia 1988 [volume 2]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19880000 English

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1988 19880000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 2096 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral XLIX Population of Georgia CountiesAlphabetically CXLVI Population of Georgia CountiesNumerically CXLIX Georgia Senatorial Districts, Alphabetically by County CLI Georgia Senators, Alphabetically by Name CLIII Georgia Senators, Numerically by District CLV Georgia House Districts, Alphabetically by County CLVIII Georgia Representatives, Alphabetically by Name CLX Georgia Representatives, Numerically by District CLXVIII Status of Referendum Elections CLXXVI Vetoes by the Governor CCLXXVIII State Auditor's Report on Retirement Bills CCLXXXIV VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3501 County Home Rule Actions 5033 Municipal Home Rule Actions 5185 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral XLIX Population of Georgia CountiesAlphabetically CXLVI Population of Georgia CountiesNumerically CXLIX Georgia Senatorial Districts, Alphabetically by County CLI Georgia Senators, Alphabetically by Name CLIII Georgia Senators, Numerically by District CLV Georgia House Districts, Alphabetically by County CLVIII Georgia Representatives, Alphabetically by Name CLX Georgia Representatives, Numerically by District CLXVIII Status of Referendum Elections CLXXVI Vetoes by the Governor CCLXXVIII State Auditor's Report on Retirement Bills CCLXXXIV

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COMPILER'S NOTE General Acts and Resolutions of the 1988 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia are grouped together and will be found in Volume I beginning at page 2096. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties which were filed in the office of the Secretary of State during 1987 are printed in Volume II beginning at page 5033. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1987 are printed in Volume II beginning at page 5185. There are no numbered pages between page 2128 and page 3501. This allows both volumes to be compiled and printed simultaneously. Indexes are printed in each volume and cover material in both volumes. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where it is possible to do so, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amended and the tabular index also contains a list of Code sections which have been amended, enacted, or repealed. Each Act is preceded by the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when introduced in the General Assembly. Each Resolution is preceded by the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 800 1 801 3501 802 3510 803 3515 804 2 805 3523 806 3527 807 3529 808 3535 809 7 810 3540 811 3543 812 3546 813 3550 814 9 815 11 816 13 817 3567 818 30 819 31 820 3569 821 34 822 38 823 68 824 3573 825 3585 826 154 827 157 828 3600 829 158 830 3604 831 3638 832 3645 833 3647 834 3649 835 3652 836 3654 837 3656 838 3659 839 3663 840 3665 841 3667 842 3670 843 3674 844 3677 845 3681 846 3683 847 3685 848 3689 849 3691 850 3702 851 3704 852 3706 853 3710 854 3712 855 3743 856 3752 857 3755 858 3774 859 3776 860 3780 861 3783 862 3787 863 3792 864 3794 865 3797 866 3799 867 3815 868 3817 869 3819 870 3821 871 3824 872 3828 873 3832 874 3836 875 3838 876 3840 877 3842 878 3843 879 3846 880 3849 881 3851 882 3854 883 3856 884 3858 885 3860 886 3863 887 3865 888 3869 889 3875 890 3882 891 3884 892 3887 893 3893 894 3896 895 3898 896 3899 897 3907 898 3909 899 3910 900 3912 901 198 902 200 903 201 904 203 905 212 906 215 907 217 908 218 909 220 910 222 911 223 912 227 913 232 914 3933 915 234 916 235 917 242 918 243 919 251 920 252 921 253 922 254 923 3935 924 256 925 3938 926 3942 927 3944 928 3951 929 3954 930 3956 931 3959 932 3962 933 3964 934 3971 935 257 936 258 937 259 938 3987 939 3990 940 3992 941 3995 942 3999 943 4001 944 4004 945 4007 946 4010 947 4013 948 4015 949 4017 950 4023 951 4028 952 4033 953 4034 954 4039 955 4043 956 4045 957 4050 958 4053 959 4063 960 4067 961 4070 962 4075 963 4077 964 4079 965 4081 966 4083 967 4086 968 4091 969 4099 970 4101 971 4103 972 4105 973 4112 974 4114 975 4118 976 4121 977 4147 978 4151 979 4156 980 4160 981 4164 982 4178 983 4182 984 4190 985 4199 986 4202 987 4225 988 4240 989 4273 990 4280 991 4282 992 4286 993 4290 994 4296 995 4303 996 4307 997 4310 998 4314 999 4341 1000 4375 1001 4409 1002 261 1003 4445 1004 4449 1005 4451 1006 4453 1007 4458 1008 4461 1009 4463 1010 4466 1011 4468 1012 4470 1013 4472 1014 4477 1015 4479 1016 4481 1017 4483 1018 4484 1019 4488 1020 4493 1021 4498 1022 4515 1023 4549 1024 4582 1025 4598 1026 4601 1027 4603 1028 4613 1029 4617 1030 4620 1031 4622 1032 4625 1033 4627 1034 4631 1035 4633 1036 4641 1037 4648 1038 4656 1039 4658 1040 4670 1041 4685 1042 4687 1043 4690 1044 4692 1045 4698 1046 4704 1047 4706 1048 4710 1049 4714 1050 4718 1051 4720 1052 4723 1053 4726 1054 4729 1055 4735 1056 4740 1057 4744 1058 4746 1059 4748 1060 4751 1061 4753 1062 4755 1063 4757 1064 4761 1065 4763 1066 4766 1067 4768 1068 4770 1069 4772 1070 4775 1071 4778 1072 4781 1073 4808 1074 4810 1075 4812 1076 4814 1077 4817 1078 4819 1079 4822 1080 4824 1081 4827 1082 4856 1083 4859 1084 4861 1085 263 1086 264 1087 266 1088 267 1089 268 1090 269 1091 284 1092 286 1093 288 1094 291 1095 294 1096 296 1097 297 1098 298 1099 299 1100 301 1101 303 1102 306 1103 307 1104 308 1105 309 1106 310 1107 312 1108 313 1109 314 1110 316 1111 317 1112 318 1113 319 1114 320 1115 321 1116 323 1117 324 1118 325 1119 4864 1120 4866 1121 4869 1122 4872 1123 4877 1124 4878 1125 4880 1126 4884 1127 4886 1128 4894 1129 4898 1130 4900 1131 4903 1132 4906 1133 338 1134 343 1135 346 1136 347 1137 348 1138 352 1139 354 1140 358 1141 364 1142 365 1143 366 1144 367 1145 368 1146 370 1147 371 1148 373 1149 375 1150 376 1151 377 1152 379 1153 380 1154 383 1155 385 1156 387 1157 388 1158 389 1159 391 1160 393 1161 397 1162 399 1163 401 1164 403 1165 404 1166 408 1167 410 1168 412 1169 413 1170 415 1171 420 1172 424 1173 426 1174 461 1175 463 1176 464 1177 465 1178 466 1179 468 1180 470 1181 472 1182 474 1183 4923 1184 475 1185 477 1186 480 1187 4926 1188 482 1189 483 1190 485 1191 487 1192 489 1193 490 1194 530 1195 534 1196 535 1197 539 1198 540 1199 541 1200 543 1201 545 1202 547 1203 548 1204 549 1205 551 1206 552 1207 553 1208 554 1209 555 1210 556 1211 580 1212 582 1213 583 1214 585 1215 586 1216 591 1217 603 1218 612 1219 626 1220 630 1221 633 1222 636 1223 638 1224 639 1225 641 1226 647 1227 651 1228 660 1229 661 1230 667 1231 668 1232 670 1233 673 1234 676 1235 677 1236 685 1237 687 1238 688 1239 690 1240 691 1241 692 1242 693 1243 694 1244 696 1245 697 1246 698 1247 716 1248 717 1249 722 1250 725 1251 727 1252 738 1253 742 1254 743 1255 745 1256 746 1257 748 1258 750 1259 752 1260 760 1261 762 1262 763 1263 765 1264 766 1265 804 1266 821 1267 824 1268 835 1269 842 1270 848 1271 853 1272 854 1273 861 1274 864 1275 868 1276 871 1277 877 1278 879 1279 880 1280 881 1281 885 1282 886 1283 887 1284 892 1285 893 1286 895 1287 897 1288 901 1289 902 1290 903 1291 920 1292 923 1293 926 1294 928 1295 930 1296 931 1297 936 1298 937 1299 939 1300 945 1301 948 1302 950 1303 953 1304 958 1305 960 1306 964 1307 966 1308 983 1309 988 1310 989 1311 991 1312 999 1313 1003 1314 1016 1315 1063 1316 1065 1317 1067 1318 1068 1319 1070 1320 1246 1321 1248 1322 1249 1323 1250 1324 1251 1325 1252 1326 1287 1327 1290 1328 4947 1329 1336 1330 4953 1331 4961 1332 1338 1333 1340 1334 1343 1335 1351 1336 1354 1337 1355 1338 1357 1339 1359 1340 1363 1341 1368 1342 1369 1343 1372 1344 1373 1345 1377 1346 1380 1347 1389 1348 1390 1349 1393 1350 1395 1351 1404 1352 1405 1353 1408 1354 5013 1355 1409 1356 1412 1357 1415 1358 1417 1359 1418 1360 1419 1361 1431 1362 1432 1363 1435 1364 1437 1365 1443 1366 1448 1367 1449 1368 1451 1369 1458 1370 1460 1371 1463 1372 1465 1373 1467 1374 1469 1375 1476 1376 1479 1377 1482 1378 1483 1379 1488 1380 1490 1381 1494 1382 1496 1383 1499 1384 1504 1385 1515 1386 1518 1387 1519 1388 1530 1389 1535 1390 1537 1391 1539 1392 1540 1393 1541 1394 1547 1395 1550 1396 1555 1397 1556 1398 1561 1399 1562 1400 1566 1401 1568 1402 5023 1403 1581 1404 1589 1405 1605 1406 1607 1407 1616 1408 1624 1409 1627 1410 1629 1411 1631 1412 1632 1413 1635 1414 1636 1415 1657 1416 1659 1417 1670 1418 1679 1419 1692 1420 1694 1421 1714 1422 1715 1423 1718 1424 1720 1425 1732 1426 1734 1427 1735 1428 1737 1429 1742 1430 1748 1431 1750 1432 1756 1433 1757 1434 1760 1435 1761 1436 1763 1437 1775 1438 1778 1439 1797 1440 1799 1441 1829 1442 1834 1443 1837 1444 1844 1445 1845 1446 1847 1447 1848 1448 1856 1449 1857 1450 1859 1451 1865 1452 1866 1453 1868 1454 1890 1455 1893 1456 1900 1457 1908 1458 1911 1459 1913 1460 1918 1461 1921 1462 1923 1463 1934 1464 1936 1465 1939 1466 1944 1467 1945 1468 1948 1469 1951 1470 1954 1471 1957 1472 1958 1473 1960 1474 1965 1475 1979 1476 1982 1477 1984 1478 1988 1479 1991 1480 1996 1481 5028 1482 1998 1483 2072 RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. Page 43 172 44 174 45 176 46 179 47 181 48 184 49 187 50 190 51 191 52 192 53 193 54 196 55 326 56 328 57 329 58 334 59 335 60 337 61 2096 62 767 63 768 64 769 65 770 66 771 67 774 68 2098 69 776 70 777 71 778 72 783 73 784 74 787 75 789 76 791 77 792 78 793 79 794 80 797 81 798 82 801 83 803 84 1470 85 1473 86 2100 87 2071 88 2104 89 2106 90 2108 91 2110 92 2112 93 2114 94 2116 95 2119 96 2121 97 2125 98 2126

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page No. 24 1332 1338 34 1185 477 71 1186 480 106 1375 1476 157 1376 1479 159 1333 1340 172 1398 1561 216 901 198 218 1477 1984 228 1230 667 254 1311 991 278 1245 697 303 902 200 305 903 201 308 1334 1343 311 1231 668 312 904 203 337 1401 1568 356 1133 338 357 1134 343 358 1377 1482 382 1135 346 430 1246 698 435 1266 821 443 1085 263 458 1312 999 480 1278 879 482 1279 880 503 1438 1778 507 1378 1483 516 905 212 598 1136 347 615 1448 1856 636 1137 348 652 818 30 669 1399 1562 670 1280 881 704 1443 1837 718 1400 1566 719 1138 352 733 1402 5023 751 819 31 768 1232 670 775 1139 354 776 1140 358 778 804 2 816 1247 716 841 1464 1936 862 906 215 878 1313 1003 896 1086 264 912 1141 364 924 1314 1016 995 994 4296 1025 1281 885 1030 1379 1488 1035 1233 673 1046 1380 1490 1071 1335 1351 1089 848 3689 1102 1244 696 1123 1142 365 1139 1143 366 1151 1465 1939 1153 956 4045 1156 1187 4926 1157 849 3691 1160 1403 1581 1162 1381 1494 1163 1144 367 1169 821 34 1183 800 1 1184 851 3704 1186 801 3501 1188 808 3535 1189 1336 1354 1192 1234 676 1193 1442 1834 1194 802 3510 1195 Vetoed 1196 1091 284 1200 1145 368 1201 1315 1063 1202 1092 286 1203 1316 1065 1205 850 3702 1206 852 3706 1209 1404 1589 1211 807 3529 1212 1264 766 1213 1317 1067 1216 1405 1605 1217 1337 1355 1218 1282 886 1220 938 3987 1221 1439 1797 1223 809 7 1226 815 11 1228 1318 1068 1229 816 13 1234 1478 1988 1235 1338 1357 1236 976 4121 1237 1188 482 1238 1445 1845 1239 1093 288 1240 1382 1496 1241 1189 483 1242 853 3710 1243 1190 485 1244 1146 370 1247 1444 1844 1250 1339 1359 1251 1147 371 1260 1094 291 1261 1087 266 1263 1383 1499 1266 1148 373 1267 823 68 1268 1235 677 1272 1319 1070 1273 1267 824 1275 803 3515 1276 814 9 1277 1482 1998 1278 1191 487 1279 1436 1763 1280 1340 1363 1281 1440 1799 1282 1406 1607 1284 1320 1246 1285 1283 887 1286 854 3712 1292 Vetoed 1294 1341 1368 1297 1466 1944 1298 1192 489 1300 856 3752 1301 1149 375 1302 1342 1369 1303 1236 685 1304 1384 1504 1305 1150 376 1306 907 217 1307 1151 377 1310 1265 804 1321 1152 379 1322 1343 1372 1323 855 3743 1324 1193 490 1325 937 259 1326 1095 294 1328 1153 380 1333 1002 261 1334 1237 687 1335 1154 383 1336 1344 1373 1337 1155 385 1339 1248 717 1341 857 3755 1342 826 154 1345 1096 296 1347 908 218 1348 1385 1515 1349 1194 530 1350 1249 722 1351 1156 387 1352 1407 1616 1355 1408 1624 1357 1409 1627 1359 825 3585 1361 1410 1629 1362 1411 1631 1363 1467 1945 1364 1412 1632 1365 1413 1635 1366 1414 1636 1370 1415 1657 1371 1276 871 1377 1386 1518 1378 812 3546 1379 858 3774 1382 1284 892 1385 1238 688 1391 1088 267 1392 1089 268 1394 1239 690 1399 1321 1248 1400 1322 1249 1401 1329 1336 1402 1090 269 1403 1325 1252 1404 1218 612 1405 1416 1659 1406 1323 1250 1407 1324 1251 1409 806 3527 1410 805 3523 1411 1417 1670 1413 1345 1377 1414 1097 297 1415 1184 475 1416 1195 534 1417 1346 1380 1418 1347 1389 1419 1348 1390 1420 1349 1393 1421 860 3780 1422 1479 1991 1425 1098 298 1427 935 257 1429 1285 893 1431 1099 299 1434 1274 864 1435 1250 725 1436 1100 301 1437 1418 1679 1438 1196 535 1441 1268 835 1442 1197 539 1443 1198 540 1444 1101 303 1446 1102 306 1449 1273 861 1450 1326 1287 1451 1350 1395 1454 1103 307 1455 1351 1404 1456 1157 388 1459 859 3776 1460 1199 541 1464 1286 895 1465 909 220 1466 832 3645 1467 1287 897 1469 1104 308 1470 1240 691 1471 1468 1948 1472 1200 543 1474 813 3550 1475 1158 389 1476 1469 1951 1477 955 4043 1478 977 4147 1479 1159 391 1481 957 4050 1483 1201 545 1488 1441 1829 1489 1241 692 1490 1387 1519 1491 1160 393 1492 1242 693 1493 1161 397 1494 1449 1857 1495 1419 1692 1496 1352 1405 1497 1162 399 1499 1288 901 1501 1388 1530 1502 1289 902 1503 1105 309 1504 985 4199 1505 954 4039 1509 1353 1408 1510 833 3647 1511 953 4034 1512 1163 401 1513 1354 5013 1518 1355 1409 1519 1106 310 1523 1107 312 1526 952 4033 1527 1389 1535 1528 1202 547 1529 1450 1859 1530 1203 548 1531 1204 549 1532 834 3649 1533 978 4151 1535 1451 1865 1536 1164 403 1538 1165 404 1539 1356 1412 1540 1205 551 1543 1420 1694 1545 1166 408 1546 1421 1714 1550 1470 1954 1551 836 3654 1552 984 4190 1554 1452 1866 1555 835 3652 1556 838 3659 1557 1422 1715 1558 910 222 1559 1108 313 1560 810 3540 1563 1251 727 1565 1453 1868 1566 1327 1290 1567 1310 989 1569 837 3656 1570 1454 1890 1571 829 158 1573 869 3819 1574 839 3663 1576 1109 314 1577 1110 316 1584 840 3665 1585 868 3817 1589 1111 317 1590 1390 1537 1594 1112 318 1595 817 3567 1596 1167 410 1597 1269 842 1598 1168 412 1602 867 3815 1605 1423 1718 1609 866 3799 1611 1206 552 1612 1424 1720 1616 951 4028 1617 950 4023 1618 1357 1415 1619 1207 553 1622 1113 319 1623 1169 413 1625 820 3569 1626 1208 554 1627 1425 1732 1629 1170 415 1631 827 157 1633 979 4156 1634 981 4164 1635 1114 320 1637 934 3971 1638 1358 1417 1639 936 258 1646 980 4160 1647 1359 1418 1650 1360 1419 1651 865 3797 1652 841 3667 1653 842 3670 1654 843 3674 1657 1426 1734 1658 949 4017 1659 844 3677 1660 1455 1893 1662 1243 694 1664 947 4013 1666 864 3794 1670 911 223 1671 1456 1900 1672 989 4273 1674 1471 1957 1675 1209 555 1676 933 3964 1677 845 3681 1678 1361 1431 1680 846 3683 1682 847 3685 1683 870 3821 1684 871 3824 1685 872 3828 1686 1023 4549 1687 863 3792 1688 1024 4582 1689 Vetoed 1691 1210 556 1692 1115 321 1694 1116 323 1695 873 3832 1697 948 4015 1698 874 3836 1700 Vetoed 1701 1211 580 1703 946 4010 1705 944 4004 1706 875 3838 1707 1381 1539 1708 988 4240 1709 824 3573 1710 876 3840 1711 945 4007 1712 877 3842 1713 878 3843 1714 1427 1735 1718 879 3846 1719 942 3999 1720 880 3849 1721 974 4114 1722 881 3851 1723 882 3854 1724 1117 324 1725 883 3856 1726 884 3858 1731 1362 1432 1734 969 4099 1735 972 4105 1736 941 3995 1737 975 4118 1739 973 4112 1741 967 4086 1742 970 4101 1743 1212 582 1744 959 4063 1745 971 4103 1746 1025 4598 1747 1392 1540 1748 1393 1541 1749 968 4091 1751 885 3860 1752 1213 583 1757 886 3863 1758 962 4075 1759 963 4077 1760 964 4079 1761 887 3865 1762 932 3962 1766 1026 4601 1767 1027 4603 1768 1428 1737 1769 912 227 1771 931 3959 1775 983 4182 1778 990 4280 1779 1429 1742 1780 1028 4613 1781 1457 1908 1782 828 3600 1783 991 4282 1784 861 3783 1785 1430 1748 1788 1029 4617 1789 1030 4620 1791 966 4083 1792 1031 4622 1793 1032 4625 1794 1363 1435 1795 1033 4627 1796 1034 4631 1797 1214 585 1799 1035 4633 1800 1036 4641 1801 1037 4648 1803 987 4225 1805 930 3956 1806 1118 325 1807 939 3990 1809 929 3954 1810 986 4202 1811 1001 4409 1812 1038 4656 1814 928 3951 1815 1039 4658 1816 1040 4670 1818 1041 4685 1819 Vetoed 1820 1042 4687 1821 1043 4690 1822 1044 4692 1823 1045 4698 1824 1046 4704 1826 1047 4706 1827 1048 4710 1828 1049 4714 1829 1051 4720 1830 1052 4723 1831 993 4290 1832 1050 4718 1833 960 4067 1834 999 4341 1835 1000 4375 1836 1053 4726 1837 1054 4729 1838 831 3638 1841 1055 4735 1842 1056 4740 1844 1057 4744 1845 862 3787 1847 1058 4746 1848 913 232 1849 1328 4947 1850 998 4314 1851 1483 2072 1852 1059 4748 1853 1060 4751 1855 1061 4753 1856 1062 4755 1857 1063 4757 1858 1064 4761 1859 1065 4763 1860 1066 4766 1861 996 4307 1862 1067 4768 1863 1068 4770 1864 1069 4772 1865 997 4310 1866 1330 4953 1867 995 4303 1872 1394 1547 1873 1070 4775 1874 1071 4778 1879 982 4178 1880 1072 4781 1882 927 3944 1883 1073 4808 1884 1074 4810 1885 965 4081 1886 1075 4812 1887 943 4001 1888 940 3992 1889 1076 4814 1890 1077 4817 1891 1078 4819 1892 1079 4822 1894 992 4286 1895 961 4070 1899 1331 4961 1900 914 3933 1901 1080 4824 1902 1022 4515 1903 1081 4827 1904 1082 4856 1905 1018 4484 1906 1017 4483 1907 1016 4481 1908 1083 4859 1909 1019 4488 1910 1084 4861 1911 1014 4477 1912 1015 4479 1913 925 3938 1914 926 3942 1916 958 4053 1917 1020 4493 1918 1013 4472 1920 1021 4498 1922 1481 5028 House Resolution Resolution Act No. Page No. 16 88 2104 282 55 326 372 43 172 547 62 767 549 63 768 551 64 769 552 89 2106 573 65 770 577 56 328 578 47 181 579 66 771 581 57 329 585 67 774 587 68 2098 588 69 776 590 70 777 591 71 778 620 58 334 621 72 783 626 90 2108 627 85 1473 631 83 803 653 46 179 659 91 2110 664 87 2071 696 44 174 702 73 784 707 74 787 708 59 335 720 75 789 725 76 791 747 77 792 749 78 793 756 79 794 792 92 2112 794 80 797 799 81 798 811 45 176 877 82 801 Senate Bill Act No. Page No. 7 1219 626 15 1220 630 28 1252 738 73 1290 903 87 1291 920 98 1253 742 99 1472 1958 100 1364 1437 109 1171 420 128 1221 633 129 1222 636 197 1172 424 221 1223 638 245 1132 4906 248 1292 923 318 1475 1979 334 915 234 352 1275 868 359 1277 877 367 1365 1443 394 916 235 402 1293 926 404 1294 928 405 1224 639 407 1225 641 408 1295 930 409 1215 586 411 1254 743 412 1255 745 413 1256 746 414 1226 647 417 1476 1982 418 830 3604 419 1173 426 423 1227 651 424 Vetoed 430 917 242 431 1216 591 432 1174 461 434 1458 1911 435 918 243 437 1459 1913 438 1473 1960 440 1257 748 441 1258 750 442 1431 1750 445 890 3882 449 1271 853 453 919 251 458 1272 854 462 1460 1918 463 1296 931 470 1175 463 471 920 252 472 1366 1448 473 1297 936 475 822 38 476 1176 464 479 1395 1550 484 1177 465 485 1367 1449 490 1298 937 491 1299 939 492 921 253 495 1228 660 502 922 254 503 1300 945 504 923 3935 506 891 3884 507 897 3907 508 1259 752 510 1432 1756 511 1260 760 516 Vetoed 518 1301 948 527 1433 1757 533 1178 466 535 811 3543 536 1368 1451 537 1461 1921 544 1302 950 546 924 256 547 1179 468 550 1303 953 556 1261 762 558 1369 1458 561 1304 958 562 1180 470 564 1217 603 565 1010 4466 566 896 3899 570 1437 1775 573 1462 1923 574 1370 1460 577 1371 1463 578 1396 1555 582 1372 1465 586 1181 472 588 1447 1848 589 1373 1467 590 1119 4864 594 1270 848 597 1463 1934 599 1262 763 601 1434 1760 603 888 3869 604 1305 960 607 898 3909 608 1397 1556 615 1306 964 616 1011 4468 618 Vetoed 621 1229 661 623 899 3910 624 889 3875 625 1263 765 630 1446 1847 631 1012 4470 635 1307 966 638 Vetoed 639 900 3912 640 1182 474 641 1435 1761 645 892 3887 647 1374 1469 648 1308 983 649 1480 1996 651 1309 988 652 893 3893 653 1120 4866 655 1121 4869 656 1183 4923 657 1003 4445 659 894 3896 660 895 3898 661 1122 4872 666 1009 4463 667 1474 1965 669 1123 4877 670 1124 4878 671 1008 4461 672 1007 4458 674 1125 4880 675 1006 4453 677 1126 4884 678 1127 4886 679 1128 4894 680 1004 4449 681 1129 4898 682 1130 4900 684 1005 4451 688 1131 4903 Senate Resolution Resolution Act No. Page No. 7 93 2114 163 60 337 245 52 192 247 94 2116 265 95 2119 267 96 2121 270 86 2100 274 61 2096 277 48 184 278 53 193 282 49 187 300 84 1470 347 97 2125 350 98 2126 356 50 190 367 54 196 376 51 191

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1988 BARROW COUNTYBOARD OF EDUCATION; COMPENSATION; TERMS; ELECTIONS; DISTRICTS; REFERENDUM. No. 801 (House Bill No. 1186). AN ACT To amend an Act providing authority for members of the Board of Education of Barrow County, approved April 10, 1971 (Ga. L. 1971, p. 3919), so as to change the compensation of such members to the amount authorized by general law for members of boards of education; to provide for the expiration of terms of office of all current members of that board of education; to change and provide for education districts for future members of that board and provide for elections therefrom; to provide for elections, terms, and qualifications of members of that board; to provide for vacancies; to provide for construction; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing authority for members of the Board of Education of Barrow County, approved April 10, 1971 (Ga. L. 1971, p. 3919), is amended by striking from Section 1 thereof the following: Each member of the Board shall receive the sum of $20.00 for each meeting he attends., and inserting in its place the following: For their service on the board, the members of the board shall receive as their sole compensation the per diem and expenses as provided in Code Section 20-2-55 of the O.C.G.A., relating to per diem and expenses of county boards of education. 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. (a) On and after January 1, 1989, the Board of Education of Barrow County, sometimes referred to in this section as the `board', shall be composed of nine members. One member shall be selected from each education district as provided in this section. The terms of office of any member of the Board of Education of Barrow County serving as such on December 31, 1988, shall expire at the end of December 31, 1988. (b) (1) For purposes of electing members of the Board of Education of Barrow County under this section, Barrow County shall be divided into nine education districts, sometimes referred to in this section as `education districts', as follows: Education District No. 1 Tract 9901 Blocks 116 through 118 and 130 That part of Block 133 inside the City of Statham

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Blocks 135 through 156 Blocks 201 through 203 That part of Block 204 northeast of Barber Creek Blocks 205 and 212 through 216 Block Group 3 Education District No. 2 Tract 9901 Blocks 101 through 115, 119 through 129, 131, and 132 That part of Block 133 outside the City of Statham Block 134 That part of Block 204 southwest of Barber Creek Blocks 206 through 211 and 217 through 234 Tract 9902 Blocks 101 through 116 That part of Block 118 east of unnamed creek Blocks 122 through 126 and 135 through 140 Education District No. 3 Tract 9902 Block 117 That part of Block 118 west of unnamed creek Blocks 119 through 121 and 127 through 130 That part of Block 131 outside the City of Winder Blocks 134 and 141 through 155 Blocks 201 and 208 Blocks 301 and 302 That part of Block 303 outside the City of Winder Blocks 315 and 316 Tract 9905 Blocks 101 through 109, 115 through 127, and 139 Block Group 5

Page 3504

Education District No. 4 Tract 9902 Blocks 304 and 307 through 311 Tract 9903 Blocks 205 through 246 Blocks 342 and 343 Blocks 401 through 436 Tract 9904 Blocks 401 through 404 and 410 through 414 Tract 9905 Blocks 401 through 405, 413, and 414 Education District No. 5 Tract 9902 That part of Block 131 inside the City of Winder Blocks 132 and 133 Blocks 202 through 207 That part of Block 303 inside the City of Winder Blocks 305, 306, 312 through 314, and 317 through 321 Tract 9905 Blocks 110 through 114 and 128 through 138 Block 201 Blocks 412, 415, and 425 Education District No. 6 Tract 9903 Blocks 101 through 125, 127 through 132, and 143 Blocks 201 through 204 Blocks 301 through 304, 308, 309, 312, 313, 318, 319, 323, and 324 Blocks 506 through 513 Education District No. 7 Tract 9903 Block 133

Page 3505

Blocks 305 through 307, 310, 311, 314 through 317, 320 through 322, and 325 through 341 Tract 9904 Blocks 101 and 102 Blocks 405 through 409 Tract 9905 Blocks 202, 203, and 208 Blocks 406 through 411 Education District No. 8 Tract 9903 Blocks 501 through 505 Tract 9904 Block 107 That part of Block 110 outside the City of Carl Blocks 111 through 129 and 143 That part of Block 145 inside the City of Auburn Those parts of Blocks 145 and 146 outside the Cities of Auburn and Carl Block Group 2 Blocks 301 through 312 Education District No. 9 Tract 9904 Blocks 103 through 106, 108, and 109 That part of Block 110 inside the City of Carl Blocks 130 through 142 and 144 Those parts of Blocks 145 and 146 inside the City of Carl Blocks 147 and 149 Blocks 313 through 319 Tract 9905 Blocks 204 through 207 Block Group 3 (2) For purposes of the description of education districts in this subsection:

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(A) 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; (B) Whenever the description of any education districts 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; and (C) Any part of an education district which is not included in any district described in this subsection 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. (c) (1) No person may be elected to or serve on the board who is ineligible for public office as provided in Code Section 45-2-1 of the O.C.G.A. Each member of the board shall be elected from an education district described in subsection (b) of this section, shall have been a resident of that district for at least six months prior to the date of qualifying for office, and shall remain a resident of that district during such person's term of office. In the event any member ceases to be a resident of the education district from which that person was elected or appointed, a vacancy shall be created and shall be filled as provided in subsection (e) of this section. Each member of the board shall be elected by the qualified electors voting only in the education district from which that person seeks election as such member. Each person offering as a candidate for membership on the board shall designate at the time of qualifying the education district for which that person is offering. Members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A. (2) A person appointed to fill a vacancy on the board pursuant to subsection (e) of this section shall meet, as of the time such person takes office, the residency and

Page 3507

other requirements established for that office pursuant to paragraph (1) of this subsection. (d) (1) Members of the board first elected from Education Districts 1, 3, 5, 7, and 9 shall be elected at the November general election in 1988 and take office the first day of January 1989, to serve for initial terms of office of two years each. Members of the board first elected from Education Districts 2, 4, 6, and 8 shall be elected at the November general election in 1988 and take office the first day of January, 1989, to serve for initial terms of office of four years each. (2) After the initial terms of office specified in paragraph (1) of this subsection, all future successors to members of the board whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election to serve for terms of office of four years each. A person elected as a member of the board shall serve for the respective term of office specified therefor and until that person's successor is elected and qualified. (e) In the event of a vacancy occurring in the membership of the board, for any reason other than expiration of term, the remaining members of the board shall appoint, within 15 days after the vacancy occurs, a successor to serve out the remaining unexpired term and until a successor is elected and qualified. Section 3 . Said Act is further amended by striking Section 4 thereof, relating to vacancies. Section 4 . Nothing in this Act shall be construed to change the power of the Board of Education of Barrow County to elect its own chairperson and the superintendent of the board. Section 5 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Barrow County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Barrow County for approval or rejection. The election superintendent shall conduct that election on a date specified by the Board

Page 3508

of Education of Barrow County and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 Barrow County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which shortens the terms of certain members of the Board of Education of Barrow County, redistricts that board and provides for elections, terms, qualifications, and compensation of members from such new districts and provides for vacancies on such board? 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, those provisions of this Act relating to and necessary for the election of the members of the Board of Education of Barrow County at the 1988 November general election shall become of full force and effect immediately, and the remaining provisions of this Act shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be authomatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Barrow County. It shall be the election superintendent's 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 1988 SESSION OF THE GENERAL ASSEMBLY

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OF GEORGIA, A BILL TO AMEND AN ACT PROVIDING AUTHORITY FOR MEMBERS OF THE BOARD OF EDUCATION OF BARROW COUNTY, APPROVED APRIL 10, 1971 (GA. L. 1971, P. 3919) SO AS TO CHANGE THE COMPENSATION OF SUCH MEMBERS TO THE AMOUNT AUTHORIZED BY GENERAL LAW FOR MEMBERS OF BOARDS OF EDUCATION; TO PROVIDE FOR THE EXPIRATION OF TERMS OF OFFICE OF ALL CURRENT MEMBERS OF THAT BOARD OF EDUCATION; TO CHANGE AND PROVIDE FOR EDUCATION DISTRICTS FOR FUTURE MEMBERS OF THAT BOARD AND PROVIDE FOR ELECTIONS THEREFROM; TO PROVIDE FOR ELECTIONS, TERMS, AND QUALIFICATIONS OF MEMBERS OF THAT BOARD; TO PROVIDE FOR VACANCIES; TO PROVIDE FOR CONSTRUCTION; TO PROVIDE FOR A REFERENDUM, EFFECTIVE DATES, AND AUTOMATIC REPEAL; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES. THIS 28TH DAY OF DECEMBER, 1987. BARROW COUNTY BOARD OF EDUCATION, BARROW COUNTY SCHOOL SYSTEMS By: -s- Richard B Russell III Richard B. Russell, III Attorney for Barrow County Board of Education, Barrow County School Systems 045-12-30-1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 date: December 30, 1987. /s/ John O. Mobley, Jr. Representative, 64th District

Page 3510

Sworn to and subscribed before me, this 11th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved January 29, 1988. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYPROJECTS; USE OF REVENUES. No. 802 (House Bill No. 1194). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide for the use of the Authority's available revenues to construct, complete, and operate rapid transit projects beyond Phases A, B, and C of the rapid transit system; 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 known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking the last full paragraph of subsection (k) of Section 25 and inserting in its place the following: The provisions of this subsection shall not be construed so as to preclude the Authority from utilizing its available revenues for technical studies nor from utilizing available

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revenues to construct, complete, and operate those portions of the Authority's rapid transit system contained in Phases D and E of the system as set forth in and defined by the Ninth Amendment to the Rapid Transit Contract and Assistance Agreement so long as the Authority has available sufficient funds, grants-in-aid, proceeds of unissued bonds, or other sources of revenue to construct, complete, and operate Phases A, B, and C of the rapid transit system and is proceeding with the design and construction thereof. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such 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 1988 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. John W. Greer Chairman MARTOC Representative 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th 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 date: December 15, 1987. /s/ John W. Greer Representative, 39th District

Page 3512

Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATIONS Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. John W. Greer, Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th 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 date: December 10, 1987. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL)

Page 3513

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. /s/ John W. Greer Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th 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 date: December 18, 1987. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) MISCELLANEOUS NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill

Page 3514

to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. John W. Greer, Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th 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 date: December 15, 1987. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes.

Page 3515

This 1st day of December, 1987. /s/ John W. Greer John W. Greer, Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: December 18, 1987. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved January 29, 1988. WHITE COUNTYBOARD OF COMMISSIONERS; RE-CREATION; REFERENDUM. No. 803 (House Bill No. 1275). AN ACT To amend an Act creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended, so as to recreate the board of commissioners of White

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County to consist of a chairman and two other members; to provide for the qualifications of said chairman and other members; to provide for the election of the members of said board of commissioners and for their terms of office; to provide for the filling of vacancies; to provide for the commission and bonds for the chairman and other members of said board; to provide for meetings of said board; to provide for a clerk of said board; to provide for the powers and duties of said board; to provide for all matters relative to the foregoing; to provide when the provisions of this Act shall become effective; to repeal specific laws; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended, is amended by striking Sections 1 through 13 and inserting in lieu thereof new Sections 1 through 11 to read as follows: Section 1. (a) There is created a board of commissioners of White County to consist of a chairman and two other members to be elected by the qualified voters of White County as hereinafter provided. (b) The chairman and other members of said board of commissioners shall be qualified electors eligible to vote for members of the General Assembly of Georgia and shall have resided within White County at least one year prior to their election. Section 2. (a) For the purposes of electing the chairman and other members of said board, candidates for chairman shall offer as candidates for that office, and there shall be two commissioner posts, to be designated Post 1 and Post 2, for the other two commissioners. Candidates for commissioner shall designate the commissioner post for which they are offering. All candidates for chairman and commissioner may reside anywhere within White County and shall be elected by a majority of the qualified voters of the entire county voting in the elections held for that purpose. All such

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elections shall be held and conducted as provided by law for the election of county officers. (b) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. Those candidates who are elected to represent Post 1 and Post 2 in the 1988 general election shall serve for terms of office for two years and until their successors are duly elected and qualified. Thereafter their successors shall be elected to terms of office for four years and until their successors are duly elected and qualified. The candidate who is elected to serve as chairman of the board of commissioners of White County in the 1988 general election shall serve for a term of office of four years. His successor shall be elected to a term of office of four years and until his successor is duly elected and qualified. Except as otherwise provided herein as is necessary to obtain a staggering of the terms of the members of the board of commissioners, the terms of office of the members of the board shall be for four years and until their successors are duly elected and qualified. (c) In the event a vacancy occurs in the chairmanship or other member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the probate judge of White County, as election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the chairmanship or other member of said board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman or for commissioner, as the case may be, for the unexpired term. Section 3. The chairman and other members of the board of commissioners of White County shall be commissioned by the Governor of Georgia, shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds

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and property of said county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of said county coming into their possession. The surety on said bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes. Section 4. Said board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of White County on the first Tuesday in each month of the year, but said board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of two commissioners. The members of said board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. Section 5. The board of commissioners shall employ a clerk, road superintendent, and such other personnel as said board deems necessary. All such personnel shall receive the compensation fixed by the board which shall be paid from county funds. It shall be the duty of the clerk of said board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness, contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners

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shall always be ready and open to inspection by any taxpayer of the county during normal working hours. Said clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners which bond shall be in the sum of $5,000.00, payable to the said board of commissioners for the faithful performance of his duties. Said clerk shall hold said office at the pleasure of the board of commissioners. Section 6. Two members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least two members of said board. The chairman of said board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by said board and shall at each regular meeting of said board submit a report of the condition of the county affairs and make to said board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. Section 7. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless said chairman is absent, in which event one of the other commissioners shall preside at said meeting. (b) The chairman of the board of commissioners shall receive a salary not exceeding $350.00 per month and the other members of the board shall receive a salary not exceeding $250.00 per month. The amount of such salaries, within the limitations provided in this subsection shall be set by the board of commissioners and shall be paid from the funds of White County. Section 8. Said board of commissioners of White County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to said county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in said county; in supervising tax collector's and tax receiver's books; in allowing the insolvent

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list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county, and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of said county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances. Section 9. The treasurer of White County or depository of said county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners; provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided further that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds. Section 10. The fiscal year of the county shall begin on the first day of July and end on the last day of June of the succeeding year. Prior to the first day of September of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate

Page 3521

judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of White County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in said official organ as soon as it is available from the said certified public accountant. The cost of all such publication in the official organ of White County shall be paid by county funds. Section 11. Said board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and said county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, said board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county. Section 2 . An Act to amend an Act creating the board of commissioners of White County, approved March 31, 1987 (Ga. L. 1987, p. 5441), is repealed in its entirety. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of White County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the March, 1988, presidential preference primary and shall issue the call therefor not less than 30 days prior to that date. 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 White County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a board of commissioners of White County?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect on January 1, 1989, except that the provisions relating to election of members of the board shall become effective immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by White County. It shall be the superintendent's 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 Intent To Introduce Local Legislation Notice is hereby given that there will be introduced in the regular 1988 session of the General Assembly of Georgia a local bill to amend an act creating a Board of Commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended, so as to provide for the creation of a Board of Commissioners of White County to consist of a chairman and two other members; to provide for the qualifications of said chairman and other members; to provide for the election of the members of said Board of Commissioners and for their terms of office; to provide for the filling of vacancies; to provide for oaths and bonds; to provide for meetings of the Board of Commissioners; to provide for county employees and for a Clerk of said Board; to provide for the compensation of Commissioners; to provide for the powers, duties and responsibilities of the Board of Commissioners; to provide for expenditure of county funds; to provide for a fiscal year; to provide for the employment of a county attorney; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. This 5th day of January, 1988. /s/ Gene Westmoreland, Chairman, White County Board of Commissioners

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PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF WHITE Before me, the undersigned, Notary Public, this day personally came Bobby E. Williams, who, being first duly sworn, according to law, says that he is the publisher of the WHITE COUNTY NEWS, official newspaper published at Cleveland, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 7th days of JAN, 1988, as provided by law. /s/ Bobby E. Williams PUBLISHER Subscribed and sworn before me this 7th day of JAN, 1988. /s/ Jane Long Bennett Notary Public, Georgia, State at Large My Commission Expires Oct. 28, 1988 (SEAL) Approved February 2, 1988. CLAYTON COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 805 (House Bill No. 1410). AN ACT To provide that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and

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occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for related matters; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The homestead of each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and who does not have a gross income from all sources, including the gross income of the resident's spouse and all persons residing within such homestead, exceeding $30,000.00 per annum shall be exempt by law from all ad valorem taxes for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness. As used in this section, the term homestead means a residence and a maximum of five acres of property surrounding such residence. (b) In order to qualify for the exemption provided for in subsection (a) of this section as being permanently disabled, the person claiming such exemption shall be required to obtain a certificate from two physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Clayton County giving the person's age, or if permanently disabled, the certificate or certificates required by subsection (b) of this section, and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.

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(d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of this section, it shall not be necessary to make application and file the said affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section. (e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to Clayton County ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1988. Section 2 . It shall be the duty of the election superintendent of Clayton County to issue the call for an election for the purpose of submitting this Act to the electors of Clayton County for approval or rejection. The superintendent shall set the date of such election for the same date as the 1988 general election and shall issue the call for such election at least 30 but not more than 60 days prior to the date of the 1988 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 Clayton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and any other persons residing within such homestead, does not exceed $30,000.00 per annum shall be granted an exemption

Page 3526

from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence? 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 Clayton 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 3 . All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to increase the homestead exemption on Clayton County school district taxes for certain residents of the Clayton County school district who are 65 years of age or over; to provide for the terms and conditions of such exemption and the practices and procedures relating thereto; to provide for a referendum; and for other purposes. This 19th day of January, 1988. Clayton County Legislative Delegation January 19, 1988 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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

Page 3527

News/Daily which is the official organ of Clayton County, on the following date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 2, 1988. CLAYTON COUNTYSTAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 806 (House Bill No. 1409). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . The election superintendent of Clayton County shall on the date of the Georgia presidential preference primary

Page 3528

in 1988 conduct an election for the purpose of submitting this Act to the electors of Clayton County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Clayton County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County on a staggered basis during designated registration periods between January 1 and April 30 each year as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Clayton County. The election superintendent of Clayton County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. 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 1988 session of the General Assembly of Georgia a bill providing that vehicles shall be registered and licensed for the ensuing calendar year and thereafter in Clayton County during designated registration periods; to provide for a referendum; and for other purposes.

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This 19th day of January, 1988. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 2, 1988. APPLING COUNTYBOARD OF EDUCATION; ELECTIONS; DISTRICTS; COMPENSATION. No. 807 (House Bill No. 1211). AN ACT To change the composition and method of election of the Board of Education of Appling County; to provide for continuation of the present members of the board; to provide for the qualifications and manner of selection of future members of the board; to provide for education districts from and by the voters

Page 3530

of which the members of the board shall be elected; to provide for vacancies in office; to provide for compensation; to provide for a chairman of the board; to supersede and provide for the repeal of that constitutional amendment relating to the board of education of Appling County which was proposed by Resolution Act No. 128 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 570); 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 Board of Education of Appling County shall consist of five members. The members of the board in office on the effective date of this Act shall continue to serve for the remainder of the terms for which they were elected, such terms to expire December 31, 1988, and until their successors are elected and qualified. Section 2 . (a) Future members of the board of education shall be elected at the November, 1988, general election and quadrennially thereafter in a partisan election in the same manner as the county officers of Appling County. All such members shall take office on the first day of January next following their election and shall serve for terms of four years and until their successors are elected and qualified. (b) Each member shall be elected from and by the voters of the education district he represents and not by the voters of the county at large. Each member of the board must be a resident of the education district he represents; and if any member removes his residence from such education district then his office shall be vacated. The five education districts from which members of the board of education shall be elected are as follows: Education District No. 1 Appling County Tract 9901 Blocks 107 through 134 and 170 through 193 Block Group 2 Blocks 303 through 308 and 311 through 314

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Tract 9902 Those parts of Blocks 205 and 206 outside the City of Baxley Blocks 212 through 221 That part of Block 222 outside the City of Baxley Tract 9903 Blocks 801 through 803 and 808 through 810 Education District No. 2 Applying County Tract 9901 Blocks 135 through 143, 162 through 169, 301, 302, 309, 310, and 315 through 343 Tract 9902 Block Group 1 Blocks 201 through 204 Those parts of Blocks 205 and 206 inside the City of Baxley Blocks 207 through 211 That part of Block 222 inside the City of Baxley Blocks 223 through 245 Education District No. 3 Appling County Tract 9901 Blocks 101 through 106 and 144 through 161 Tract 9902 Blocks 301 through 304, 332 through 345, 365 through 377, and 379 through 385 Those parts of Blocks 386 and 387 inside the City of Baxley Blocks 401 through 470, 475 through 477, 488, 492, 494, and 498 Tract 9903 Block Group 1 Blocks 201 through 242, 249, 250, 301 through 305, 502, and 503

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Education District No. 4 Appling County Tract 9902 Blocks 471 through 474, 478 through 487, 489 through 491, and 493 Tract 9903 Blocks 243 through 248 and 306 through 344 Block Group 4 Blocks 501 and 504 through 527 Block Group 6 Education District No. 5 Appling County Tract 9902 Blocks 305 through 331, 346 through 349, 351 through 364, and 378 Those parts of Blocks 386 and 387 outside the City of Baxley Blocks 388 through 398 and 495 Tract 9903 Block Group 7 Blocks 804 through 807 and 811 through 836 (c) For 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 Bureay 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 Appling 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.

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(d) In order to be eligible to hold office as a member of the board of education, a person shall be of good moral character, shall have at least a fair knowledge of the elementary education system, shall be favorable to the common school system, and shall be a qualified voter of the education district he represents. No publisher of school books or agent for such publisher or person who has a pecuniary interest in the sale of school books shall be eligible for election as a member of the board of education. Section 3 . In the event of a vacancy on the board of education the election superintendent of Appling County shall issue the call for a special election of a successor to be elected from and by the voters of the education district in which the vacancy exists and to serve for the remainder of the unexpired term. Such special election shall be called and conducted as soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state. Section 4 . Members of the board of education and chairman shall receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the school superintendent. The compensation of members and chairman of the board of education shall be paid only from the local tax funds available to the board of education. Section 5 . The chairman of the board of education shall be elected by the board from among the members of the board at the first meeting of the board in January. The chairman shall preside over the meetings of the board and shall have a vote on all matters to be decided by the board. Section 6 . The provisions of this Act shall supersede the provisions of that constitutional amendment relating to the Appling County Board of Education which was proposed by Resolution Act No. 128 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 570); and such constitutional amendment shall be repealed and shall

Page 3534

not be continued in effect as a part of the Constitution of the State of Georgia. Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION To change the composition and method of election of the board of education of Appling County; to provide for continuation of the present members of the board; to provide for the qualifications and manner of selection of future members of the board; to provide for education districts from and by the voters of which the members of the board shall be elected; to provide for vacancies in office; to provide for compensation; to provide for a chairman of the board; to supersede and provide for the repeal of that that constitutional amendment relating to the board of education of Appling County which was proposed by Resolution Act No. 128 of the 1952 General Assembly and which was duly ratified at the 1952 general election (Ga. L. 1952, p. 570); to provide for all related matters; to repeal conflicting laws; and for other purposes. This 8th day of December, 1987. James L. Twiggs, Superintendent Appling County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lundsford Moody, 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 Baxley News-Banner which is the official organ of Appling County, on the following date: December 10, 1987. /s/ Lundsford Moody Representative, 153rd District

Page 3535

Sworn to and subscribed before me, this 5th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 2, 1988. FORSYTH COUNTYCIVIL SERVICE SYSTEM; EXEMPTIONS FROM COVERAGE. No. 808 (House Bill No. 1188). AN ACT To amend the local Act creating and establishing a civil service system in Forsyth County for employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3576), so as to provide for the exemption of certain personnel from membership in the Forsyth County Civil Service System; to define those exempted; to provide for future exemptions; to provide for a per diem for members of the civil service board; to clarify who has rights under the Act; to amend the procedure for approval of rules and regulations governing the Forsyth County Civil Service System; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. WHEREAS, the citizens of Forsyth County adopted on November 2, 1976, an amendment to Article VII, Section IV of the Constitution of 1945 (Ga. L. 1976, p. 1796), providing for a civil service system for Forsyth County; and WHEREAS, the General Assembly of Georgia enacted local legislation providing for a Forsyth County Civil Service System by an Act approved by the Governor on March 13, 1978 (Ga. L. 1978, p. 3572); and

Page 3536

WHEREAS, the General Assembly of Georgia may amend said local legislation pursuant to authority vested in it. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3576), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) There is hereby created and established a civil service system of personnel administration, to be known as the Forsyth County Civil Service System. All employees of Forsyth County shall be members of the Forsyth County Civil Service System except: elected officers of the county, members of appointed boards, members of commissions and authorities, the county attorney, the county physician, part-time employees, hourly wage earners, seasonal employees, members of the management team, consultants, and other employees expressly exempt by law. (b) The `management team' of Forsyth County is defined to consist of the following: all nonelected department heads and their immediate assistants who answer directly to the county administrator and the county administrator, who in turn is answerable to the governing authority of Forsyth County; specifically: the positions of county administrator, personnel director, purchasing agent, director of public works, road superintendent and the division directors, planning director, county engineer, assistant county engineer, superintendent of the water department, director of parks and recreation and park managers, county marshal, and any future positions in the office of the governing authority which may be added from time to time as provided in this Act. (c) Whenever any existing position covered by the civil service system is to be reclassified to an exempt position or an additional position in the staff of the governing authority is requested for the management team, the governing authority shall notify the civil service board of its intent. The civil service board shall review the request and may make a response thereto within ten days after its next regularly scheduled

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meeting. The governing authority may then undertake to reclassify the position by vote taken at two consecutive regular meetings which shall be not less than seven days nor more than 60 days apart. The governing authority shall forward notice of the final action taken to the civil service board for its edification and files. (d) A `seasonal employee' is defined as an employee who is hired on a seasonal basis who will be employed for 40 hours per week for a period not to exceed six months; however, should an emergency arise and this employee be needed for a period beyond six months, then a request must be made to the governing authority of Forsyth County for special dispensation to allow this employee to remain for a period not to exceed 60 days. (e) A `consultant' is defined as a person who for reasons of professional knowledge or other expertise is retained for a limited project or service in a position which is not regularly described in the civil service rules and regulations and which is intended to terminate when the particular need is satisfied. (f) Those employees expressly exempt from the Civil Service Act shall not have any rights, protections, privileges, or right of appeal under this Civil Service Act. Section 2 . Said Act is further amended by adding at the end of subsection (a) of Section 3 a new paragraph to read as follows: No member of the civil service board shall have held political office or have been a salaried employee of Forsyth County during the three months immediately preceding his or her appointment or be the spouse, parent, child, or sibling of a member of the Forsyth County Civil Service System. Section 3 . Said Act is further 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) Each member of the civil service board shall be paid a per diem fee of $25.00 per meeting attended, not to exceed two meetings per calendar month.

Page 3538

Section 4 . Said Act is further amended by striking subsections (a) and (b) of Section 5 in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) To hold public hearings regarding proposed rules and regulations and standards of the civil service system and thereafter recommend to the governing authority of Forsyth County the adoption of rules, regulations, and standards effectuating the civil service system established under the provisions of this Act. The governing authority must act to adopt such rules, regulations, and standards in order for them to become of full force and effect. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the civil service system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the civil service system or the civil service board. The rules and regulations shall provide for the establishment of a register of persons eligible for appointment under the civil service system, provided that no elected county officer shall be required to choose personnel solely from said register, but the personnel employed by such county officer shall be required to meet the same minimum requirements in accordance with such rules and regulations as may be adopted. Said rules and regulations when adopted by the governing authority of Forsyth County or otherwise becoming effective shall have the force of law and be binding upon all departments and offices of the county. (b) To conduct hearings and appeals and render decisions after hearing as to a member of the civil service system who claims to have been improperly demoted, suspended, or dismissed, except that the said board may appoint an attorney as a hearing officer for the taking of evidence, findings of fact, conclusions of law, and recommendation for disposition, said appointment and action to be based on rules, regulations, and standards effectuating the same.

Page 3539

Section 5 . 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. An employee of a covered department or office of the county may be dismissed from employment in said department or office for good cause and in accordance with the rules and regulations of the civil service board, as approved by the governing authority as aforesaid. Any such employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed by the civil service board for such appeal; provided, however, that such dismissed employee must file his appeal with the board in writing within ten days from the date of his dismissal and serve a copy of the appeal on the county administrator on the same date it is filed with the board. The appeal shall be heard at the next regular or special meeting of the civil service board after the appeal is filed. The appeal must be heard and determined by the board within 45 days of the date the appeal is filed with the board. The decision of the board shall be binding upon the governing authority of said county as to whether such dismissal was for proper cause. Section 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a civil service system for the employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3572); and for other purposes. This 7th day of December, 1987. Honorable Bill Barnett Representative, 10th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill H. Barnett, who, on

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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 date: December 16, 1987. /s/ Bill H. Barnett Representative, 10th District Sworn to and subscribed before me, this 11th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 5, 1988. MONROE COUNTYBOARD OF COMMISSIONERS; TERMS; REFERENDUM. No. 810 (House Bill No. 1560). AN ACT To amend an Act creating a board of commissioners for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5334), so as to change the terms of the members of the board of commissioners; to provide for staggered terms; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act creating a board of commissioners for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5334), is amended by striking subsection (d) of Section 1 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) At the general election in 1988, the members of the board from commissioner districts 1 and 2 and the member who is elected at-large shall be elected for terms of four years and the members from commissioner districts 3 and 4 shall be elected for terms of two years. The members so elected shall take office on January 1 following their election and shall serve until their successors are elected and qualified. Successors shall be elected at the general election next preceding the expiration of terms of office for terms of four years and until successors are elected and qualified. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Monroe County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Monroe County for approval or rejection. The election superintendent shall conduct that election on March 8, 1988, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 Monroe County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for four-year terms for the board of commissioners of Monroe County and provides for staggered terms? 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

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on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be immediately repealed following that election date. The expense of such election shall be borne by Monroe County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended; to provide for a referendum; and for other purposes. This 25th day of January, 1988. Kenneth Waldrep Representative District 80 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 Monroe County Reporter which is the official organ of Monroe County, on the following date: January 27, 1988. /s/ Kenneth Waldrep Representative, 80th District

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Sworn to and subscribed before me, this 29th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 5, 1988. PIERCE COUNTYSCHOOL SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 811 (Senate Bill No. 535). AN ACT To provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The school superintendent of the Pierce County School District in office on the effective date of this section shall serve out the term of office for which he was elected. Thereafter, future school superintendents of the Pierce County School District shall be appointed by the board of education of Pierce County rather than elected; and no election for school superintendent of the Pierce County School District shall be held. In the event of a vacancy in the office of school superintendent on or after the effective date of this section, the vacancy shall be filled by appointment as provided in this Act. Section 2 . The board of education may appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of

Page 3544

employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. Section 3 . Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pierce County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Pierce County School District for approval or rejection. The elections superintendent shall conduct that election on the date of and in conjunction with the March, 1988, presidential preference primary and shall issue the call therefor not less than 30 days prior to that date. 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 Pierce County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that future school superintendents of the Pierce County School District shall be appointed by the board of education? 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, then Sections 1 through 3 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of April immediately following that election date. The expense of such election shall be borne by Pierce County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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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 1988 session of the General Assembly of Georgia a bill to provide that the county school superintendent of Pierce County shall be appointed by vote of the board of education, to serve at the pleasure of the board; to provide for matters relative to the foregoing; to provide for a referendum; and for other purposes. This 11th day of January, 1988. Honorable Earl Echols, Jr. Senator, 6th District 1-13/1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Echols, Jr., 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 Blackshear Times which is the official organ of Pierce County, on the following date: January 13, 1988. /s/ Earl Echols, Jr. Senator, 6th District Sworn to and subscribed before me, this 26th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (Seal) Approved February 8, 1988.

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OCONEE COUNTYBOARD OF COMMISSIONERS; CHAIRMAN AND VICE CHAIRMAN; DUTIES; VACANCIES; OATH; BOND. No. 812 (House Bill No. 1378). AN ACT To amend an Act creating the board of commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or suspension of the chairman or members of the board of commissioners; to change the provisions relating to vacancies on the board of commissioners; to prescribe an oath and bond for the chairman and members of the board of commissioners; 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 Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. Any vacancy occurring in the office of chairman or member on the board of commissioners existing on or after the effective date of this Act having an unexpired term exceeding 180 days shall be filled for the unexpired term by a special election under the rules and procedure set forth in Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Any vacancy occurring in the office of chairman or member on the board of commissioners having an unexpired term of 180 days or less shall be filled for the unexpired term by a person appointed by a majority of the members of the board of commissioners. Any person so appointed to fill a vacancy on such board must be eligible to be elected to such vacant position.

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Section 2 . Said Act is further amended by striking Section 6 and inserting in its place a new Section 6 to read as follows: Section 6. Before entering the duties of the office of chairman or commissioner, the chairman and each member of the board of commissioners shall take the oath required of all civil officers of this state and shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in this state. Such bond shall be approved by the Judge of the Probate Court of Oconee County and shall be filed in the office of the probate court and shall be payable to the Governor of this state and his successor in office for the use of Oconee County. Such bond shall be conditioned upon the faithful performance of the duties of the office of chairman or commissioner. The cost of said bond shall be paid from the general funds of Oconee County. Section 3 . Said Act is further amended by striking Section 9 and inserting in its place a new Section 9 to read as follows: Section 9. (a) The chairman of the board of commissioners shall have the following duties and responsibilities: (1) To act as presiding officer at all meetings of the board, including the duty of preserving order and decorum at such meetings; (2) To state every question coming before the board and to announce the decision of the board on all subjects and to 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; (3) To exercise the right to vote to break a tie vote; (4) To sign all ordinances, resolutions, and contracts in behalf of the county; (5) To execute all evidences of indebtedness incurred by the county; (6) To act as ceremonial head of the county government; and

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(7) To exercise other administrative duties that may be delegated to the chairman by the board of commissioners. (b) The office of the chairman of the board of commissioners shall be part time. (c) In the event of vacancy in the office of chairman or the illness, incapacity, absence, or failure to act, the duties of the chairman may be exercised by the vice chairman. In the event of a vacancy, illness, absence, incapacity, or failure to act by the chairman for a period exceeding 30 days, the vice chairman, on approval of the board of commissioners, shall be compensated in the same amount as that provided for the office of chairman. Section 4 . Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows: Section 10. The removal or suspension of the chairman or a member of the board of commissioners of Oconee County shall be governed by general law. Section 5 . Section 3 of this Act shall become effective on January 1, 1989. The remaining provisions of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or suspension of the chairman or members of the board of commissioners; to change the provisions relating to vacancies on the board of commissioners; to prescribe

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an oath and bond for the chairman and members of the board of commissioners; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. This 6th day of January, 1988. PAUL C. BROUN Senator District 46 FRANK E. STANCIL Representative District 66 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, 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 date: January 14, 1988. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 22nd day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 11, 1988.

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SUMTER COUNTY PUBLIC SCHOOL SYSTEMCREATION; MERGER OF SUMTER COUNTY AND CITY OF AMERICUS SCHOOL SYSTEMS; REFERENDUM. No. 813 (House Bill No. 1474). AN ACT To create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus; to create the board of education for the Sumter County Public School System; to provide for the election of members of the board and for their terms of office; to provide for electoral districts of board members; to provide for the filling of vacancies; to provide for the election of the chairman of the board; to provide for the compensation of board members; to provide that said board shall appoint the county school superintendent to serve at the pleasure of the board; to provide for protection of employment rights of current employees; to abolish the county school system of Sumter County and the independent school system of the City of Americus and the boards of education and school superintendents of such systems; to provide for all 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 . Effective July 1, 1989, there is created for Sumter County the Sumter County Public School System. The Sumter County Public School System shall be created by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus as such exist on June 30, 1989. The Sumter County Public School System shall be under the control and management of the Board of Education of Sumter County created by this Act. Section 2 . Effective July 1, 1989, there is created a board of education for the Sumter County Public School System to be composed of nine members elected from the education districts provided for in Section 3 of this Act. Each member shall be a

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resident of the education district he represents and shall be elected by the voters of the education district in which he resides. All board members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided within Sumter County for at least one year immediately preceding the date of their election and within the education district which they represent at least six months immediately preceding the date of their election. Section 3 . (a) For the purpose of electing the members of the Board of Education of the Sumter County Public School System. Sumter County shall be divided into nine education districts described by the following boundaries: Education District 1: Begin at the intersection of West Church Street in Americus with the western city limits of Americus and follow the city limits of Americus northerly to State Route 30 (Friendship Road) (Adderton Street). Then run easterly along the Friendship Road (Adderton Street) to its intersection with Armory Drive. Then run northerly along Armory Drive to its intersection with Maple Street. Then run westerly along Maple Street to its intersection with Hickory Drive. Then run northerly along Hickory Drive to its intersection with Patton Drive. Then run westerly along Patton Drive to its intersection with Morris Drive, (which is where the city limits of Americus turn northward). Then run northerly along Morris Drive and the City of Americus city limits to the first point where the city limit line of the City of Americus turns and runs in an easterly direction. Then turn east and run along the city limit line until its intersection with the water line of Lake Collins. Then turn north and run along the City of Americus city limits to a point along the Lake Collins water line which is due west of the end of Lakeshore Drive. From said point, run due east to the end of Lakeshore Drive. Then run easterly and southerly along Lakeshore Drive to a point which is 1,378.5 feet in a westerly direction from the intersection of Lakeshore Drive and U.S. Highway 19. Then run north 32 degrees 57 minutes west a distance of 393.25 feet. Then run north 88 degrees 15 minutes east 402.4 feet. Then run south 32 degrees 57 minutes east a distance of 155.8 feet to the right of way of Lakeshore Drive. Then

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run easterly along Lakeshore Drive to its intersection with U.S. Highway 19 (State Route 3). Then run southerly along U.S. Highway 19 (State Route 3) to its intersection with Mary Blount Drive. Then run easterly along Mary Blount Drive to the city limit line of the City of Americus (also the west boundary of a public housing project). Then run northerly and easterly along the city limit line to Pine Street (Roney Street ends at this point). Then run northerly along Pine Street to its intersection with Pecan Road. Then run easterly along Pecan Road to its intersection with Sunset Drive. Then run southerly and easterly along Sunset Drive to its intersection with the Bumphead Road (County Road 309). Then run southerly along the Bumphead Road (County Road 309) to the Southerfield Road/Rucker Street (Northside Drive) intersection. Then run westerly along Rucker Street (Northside Drive) to its intersection with North Jackson Street. Then run southerly along North Jackson Street to its intersection with West Lamar Street. Then run westerly along West Lamar Street to its intersection with Dudley Street. Then run south along Dudley Street to its intersection with Spring Street. Then run westerly and southwesterly along Spring Street to its intersection with West Church Street. Then run southwesterly along West Church Street to the western city limits of Americus and the point of beginning of EDUCATION DISTRICT NUMBER 1. Education District 2: Begin at the intersection of North Lee Street and Ashby Street in the City of Americus and run easterly along Ashby Street to its intersection with North Mayo Street. Then run southerly along North Mayo Street to its intersection with Oglethorpe Avenue. Then run northeasterly along Oglethorpe Avenue to its intersection with Sunset Drive. Then run northerly along Sunset Drive to its intersection with Ridge Street. Then run easterly along Ridge Street to its intersection with Douglas Drive. Then run northerly along Douglas Drive to its intersection with Pine Avenue and turn right and run northerly along Pine Avenue to its intersection with Sharon Drive. Then run easterly and southerly along Sharon Drive to its intersection with State Route 49 (Macon Road). Then run northeasterly along State Route 49 (Macon Road) to its intersection with the city limits of the City of

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Americus. Then run in a northerly, westerly and southerly direction along the city limits of Americus until such city limits intersect with North Mayo Street. Then run in a northerly direction along North Mayo Street to its intersection with the Andersonville Road (Southerfield Road) (County Road 297). Then run southwesterly along the Andersonville Road (Southerfield Road) (County Road 297) to the intersection of the Andersonville Road, the Bumphead Road, and Rucker Street (Northside Drive). Then run westerly along Rucker Street (Northside Drive) to North Jackson Street. Then run southerly along North Jackson Street to its intersection with Patterson Street. Then run easterly along Patterson Street to its intersection with North Lee Street. Then run southerly along North Lee Street to its intersection with Ashby Street and the point of beginning of EDUCATION DISTRICT NUMBER 2. Education District 3: Begin at the intersection of North Lee Street and Ashby Street in the City of Americus and run easterly along Ashby Street to its intersection with North Mayo Street. Then run southerly along North Mayo Street to its intersection with Oglethorpe Avenue. Then run northeasterly along Oglethorpe Avenue to its intersection with Hudson Street. Then run southerly along Hudson Street to its intersection with East Lamar Street. Then run west along East Lamar Street to its intersection with Reese Street. Then run southerly along Reese Street to its intersection with Angus Drive. Then run southeasterly along Angus Drive to its intersection with Rogers Street. Then run southerly along Rogers Street to its intersection with Parker Street. Then run west along Parker Street to its intersection with Reese Park Street. Then run south along Reese Park Street to its intersection with Bosworth Street. Then run west along Bosworth Street to its intersection with Elm Avenue. Then run north along Elm Avenue to its intersection with East College Street. Then run west along East College Street to its intersection with Oak Avenue. Then run south along Oak Avenue to its intersection with the city limit line of the City of Americus (the southernmost end of Oak Avenue). Then run in a generally northwesterly direction along the southwesterly city limits of the City of Americus to the city limit line's intersection

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with West Church Street. Then run northeasterly along West Church Street to its intersection with Spring Street. Then run northerly and easterly along Spring Street to its intersection with Dudley Street. Then run north along Dudley Street to its intersection with West Lamar Street. Then run easterly along West Lamar Street to its intersection with Jackson Street. Then run north along Jackson Street to its intersection with Patterson Street. Then run easterly along Patterson Street to its intersection with North Lee Street. Then run south along North Lee Street to its intersection with Ashby Street and the point of beginning of EDUCATION DISTRICT NUMBER 3. Education District 4: Begin at the intersection of East Lamar Street and Reese Street in the City of Americus and run easterly along East Lamar Street to its intersection with Hudson Street. Then run north along Hudson Street to its intersection with Oglethorpe Avenue. Then run northeasterly along Oglethorpe Avenue to its intersection with Sunset Drive. Then run northerly along Sunset Drive to its intersection with Ridge Street. Then run easterly along Ridge Street to its intersection with Douglas Drive. Then run northerly along Douglas Drive to its intersection with Pine Avenue and turn right and run northerly along Pine Avenue to its intersection with Sharon Drive. Then run easterly and southerly along Sharon Drive to its intersection with State Route 49 (Macon Road). Then run northeasterly along State Route 49 (Macon Road) to its intersection with Dogwood Hills Road. Then run southerly and easterly along Dogwood Hills Road to its intersection with the Middle River Road (County Road 300). Then run easterly along the Middle River Road (County Road 300) to its intersection with the Packing House Road (County Road 184). Then run south along the Packing House Road (County Road 184) to its intersection with Georgia Highway 27 (the Vienna Highway). Then run west along Georgia Highway 27 (the Vienna Highway) to its intersection with U.S. Highway 280 (State Route 30). Then run in a southeasterly direction along U.S. Highway 280 (State Route 30) to its intersection with Felder Street. Then run westerly along Felder Street to its intersection with Cornelia Drive. Then run southerly along Cornelia Drive to its intersection with Wildwood

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Circle. Then run southwesterly along Wildwood Circle to its intersection with Anthony Drive. Then run westerly along Anthony Drive to its intersection with Simmons Street. Then run southerly and westerly along Simmons Street to its intersection with Wheatley Street. Then run southerly along Wheatley Street to its intersection with East Glessner Street. Then run westerly along East Glessner Street to its intersection with South Lee Street. Then run northerly along South Lee Street to its intersection with East College Street. Then run easterly along East College Street to its intersection with Elm Avenue. Then run southerly along Elm Avenue to its intersection with Bosworth Street. Then run easterly along Bosworth Street to its intersection with Reese Park Street. Then run northerly along Reese Park Street to its intersection with Parker Street. Then run easterly along Parker Street to its intersection with Rogers Street. Then run northerly along Rogers Street to its intersection with Angus Drive. Then run northwesterly along Angus Drive to its intersection with Reese Street. Then run northerly along Reese Street to its intersection with East Lamar Street and the point of beginning of EDUCATION DISTRICT NUMBER 4. Education District 5: Begin at the intersection of South Lee Street and College Street in the City of Americus and run then south along South Lee Street to its intersection with East Glessner Street. Then run east along East Glessner Street to its intersection with Wheatley Street. Then run northerly along Wheatley Street to its intersection with Simmons Drive. Then run easterly and northerly along Simmons Drive to its intersection with Anthony Drive. Then run easterly along Anthony Drive to its intersection with Wildwood Circle. Then run northeasterly along Wildwood Circle to its intersection with Cornelia Drive. Then run northerly along Cornelia Drive to its intersection with Felder Street. Then run easterly along Felder Street to its intersection with the run of Willet's Branch. Then follow the run of Willet's Branch to where Willet's Branch empties into Murphy's Mill Pond. Then run through the center of Murphy's Mill Pond to a point where Murphy's Mill Pond is divided by Murphy's Mill Road (County Road 147). Then run northerly and westerly along Murphy's

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Mill Road (County Road 147) to South Lee Street Road (County Road 237). Then run southerly along South Lee Street Road to where it intersects with the run of Murphy's Mill Creek (which is also the city limit line of the City of Americus). Then run southerly and westerly along the run of Murphy's Mill Creek to the point where it intersects with Muckalee Creek. Then run northwersterly along the run of Muckalee Creek and the southwesterly boundary of the City of Americus to its intersection with a railroad (Central of Georgia). Then run northerly along said railroad (Central of Georgia) to where said railroad intersects with Valley Drive. Then run in a northerly direction along said railroad until it again intersects with the city limit line of the City of Americus. Then run southeasterly along the city limit line of the City of Americus to Oak Avenue (the southernmost end of Oak Avenue). Then run north along Oak Avenue to its intersection with College Street. Then run easterly along College Street to its intersection with South Lee Street and the point of beginning of EDUCATION DISTRICT NUMBER 5. Education District 6: BEGIN at the intersection of U.S. Highway 19 (State Route 3) and the southern county line of Sumter County (the Lee-Sumter County line) and run in a northerly direction along U.S. Highway 19 (State Route 3) to its intersection with the run of Bear Branch. Then run in a southeasterly direction along the run of Bear Branch to its intersection with the run of Muckalee Creek. Then run southerly and easterly along the run of Muckalee Creek to its intersection with Philema Creek. Then run northerly along Philema Creek (and through Philema Lake) to its intersection with U.S. Highway 280 (State Route 30). Then run southeasterly along U.S. Highway 280 (State Route 30) to its intersection with Peanut Club Road (County Road 108). Then run easterly along Peanut Club Road (County Road 108) to its intersection with State Route 195. Then run northerly along State Route 195 to its intersection with the run of Lime Creek. Then follow the run of Lime Creek in a northerly and westerly direction (and through Brown's Mill Pond) to its intersection with the Upper River Road (County Road 296). Then run easterly along the Upper River Road (County Road 296) to

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its intersection with State Route 195. Then run southerly along State Route 195 to its intersection with the Middle River Road. Then run easterly and southerly along the Middle River Road to its intersection with State Route 27. Then run easterly along State Route 27 to the Flint River. Then run southerly along the Flint River to the Lee-Sumter County line. Then run westerly along the Lee-Sumter County line to U.S. Highway 19 (State Route 3) and the point of beginning of EDUCATION DISTRICT NUMBER 6. Education District 7: Begin at the intersection of U.S. Highway 19 (State Route 3) with the Lee-Sumter County line and run northerly along U.S. Highway 19 (State Route 3) to its intersection with Croxton Cross Road (County Road 303). Then run westerly along Croxton Cross Road (County Road 303) to its intersection with Sam Rodgers Road (County Road 2). Then run northerly along Sam Rodgers Road (County Road 2) to its intersection with Arch Helms Road (County Road 3). Then run westerly along the Arch Helms Road (County Road 3) to its intersection with Salter's Mill Road (County Road 37). Then run southwesterly along Salter's Mill Road (County Road 37) to its intersection with New Point Church Road (County Road 29). Then run northerly along the New Point Church Road (County Road 29) to its intersection with U.S. Highway 280. Then run westerly along U.S. Highway 280 to its intersection with Green Store Road (County Road 81). Then run northerly and westerly along Green Store Road (County Road 81) to its intersection with State Route 45. Then run northerly along State Route 45 to its intersection with Young's Mill Road (County Road 21). Then run easterly along Young's Mill Road (County Road 21) to its intersection with Tallent Store Road (County Road 306). Then run northerly and easterly along Tallent Store Road (County Road 306) to its intersection with the Schley-Sumter County line. Then run north and west along the Schley-Sumter County line to the Marion-Sumter County line. Then run southerly along the Marion-Sumter County line to its intersection with the north county line of Webster County. Then run southerly along the Webster-Sumter County line to its intersection with the run of Kinchafoonee Creek (which is also the boundary line between Sumter County and Terrell County). Then

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run southeasterly along the run of Kinchafoonee Creek (along the boundary line between Terrell County and Sumter County) to its intersection with the west boundary line of Lee County. Then run northerly along the west boundary line of Lee County to its intersection with the north boundary line of Lee County which divides Lee and Sumter County (the Lee-Sumter County line). Then run east along the Lee-Sumter County line to U.S. Highway 19 (State Route 3) and the point of beginning of EDUCATION DISTRICT NUMBER 7. Education District 8: Begin at the intersection of U.S. Highway 280 and State Route 27 in the City of Americus and run southeasterly along U.S. Highway 280 to its intersection with Felder Street. Then run westerly along Felder Street to its intersection with the run of Willet's Branch. Then follow the run of Willet's Branch to where it empties into Murphy's Mill Pond. Then run along the center of Murphy's Mill Pond to where Murphy's Mill Pond is divided by Murphy's Mill Road (County Road 147). Then run northerly and westerly along Murphy's Mill Road (County Road 147) to its intersection with South Lee Street Road (County Road 237). Then run southerly along the South Lee Street Road (County Road 237) to its intersection with the run of Murphy's Mill Creek. Then run southerly and westerly along the run of Murphy's Mill Creek until it intersects with the run of Muckalee Creek (which is also the city limit line of the City of Americus). Then run northwesterly along the run of Muckalee Creek and the southwesterly boundary of the City of Americus to its intersection with a railroad (Central of Georgia Railroad). Then run northerly along said railroad to where said railroad intersects with Valley Drive. Then run in a northerly direction along said railroad until said railroad again intersects with the city limit line of the City of Americus. Then run northwesterly along the city limits of Americus to its intersection with West Church Street. Then continue in a northerly direction along the city limits of the City of Americus to its intersection with State Route 30. Then run in a westerly direction along State Route 30 to its intersection with Young's Mill Road (County Road 21). Then run westerly along Young's Mill Road (County Road 21) to its intersection with State Route

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45. Then run south along State Route 45 to its intersection with Green Store Road (County Road 81). Then run easterly and southerly along Green Store Road (County Road 81) to its intersection with U.S. Highway 280. Then run easterly along U.S. Highway 280 to its intersection with New Point Church Road (County Road 29). Then run southerly along New Point Church Road (County Road 29) to its intersection with Salter's Mill Road (County Road 37). Then run easterly along Salter's Mill Road (County Road 37) to its intersection with Arch Helms Road (County Road 3). Then run southerly and easterly along Arch Helms Road (County Road 3) to its intersection with Sam Rodgers Road (County Road 2). Then run southerly along Sam Rodgers Road (County Road 2) to its intersection with Croxton Cross Road (County Road 303). Then run easterly along the Croxton Cross Road (County Road 303) to its intersection with U.S. Highway 19. Then run northerly along U.S. Highway 19 to its intersection with the run of Bear Branch. Then run in a southeasterly direction along the run of Bear Branch to its intersection with the run of Muckalee Creek. Then run southerly and easterly along the run of Muckalee Creek to its intersection with Philema Creek. Then run northeasterly along the run of Philema Creek (and through Philema Creek) to its intersection with U.S. Highway 280. Then run southeasterly along U.S. Highway 280 to its intersection with Peanut Club Road (County Road 108). Then run easterly along Peanut Club Road (County Road 108) to its intersection with State Route 195. Then run northerly along State Route 195 to its intersection with the run of Lime Creek. Then run northerly and westerly along the run of Lime Creek (and through Brown's Mill Pond) to its intersection with Middle River Road (County Road 300). Then run westerly along the Middle River Road (County Road 300) to its intersection with Packing House Road (County Road 184). Then run southerly along Packing House Road (County Road 184) to its intersection with State Route 27. Then run westerly along State Route 27 to its intersection with U.S. Highway 280 and the point of beginning of EDUCATION DISTRICT NUMBER 8. Education District 9: Begin at the intersection of State Route 27 (Vienna Highway) and the Flint River on the eastern boundary of Sumter

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County and follow the Flint River in a northerly direction to its intersection with the Macon-Sumter County line. Then follow the Macon-Sumter County line northerly and westerly to its intersection with the easterly boundary line of Schley County (which is also a portion of the boundary line between Schley County and Sumter County). Then run southerly, westerly, northerly and westerly along the Schley-Sumter County line to its intersection with U.S. Highway 19 (State Route 3). Then run southerly along U.S. Highway 19 (State Route 3) to its intersection with Tallent Store Road (County Road 306). Then run westerly and southerly along Tallent Store Road (County Road 306) to its intersection with State Route 30 (Friendship Road). Then run southeasterly along State Route 30 (Friendship Road) to its intersection with Armory Drive. Then run northerly along Armory Drive to its intersection with Maple Street. Then run westerly along Maple Street to its intersection with Hickory Drive. Then run northerly along Hickory Drive to its intersection with Patton Drive. Then run westerly along Patton Drive to its intersection with Morris Drive, which is where the city limits of Americus turn northward. Then run northerly along Morris Drive and the City of Americus city limits to the first point where the city limits line of the City of Americus turns and runs in an easterly direction. Then turn east and run along the city limit line until its intersection with the water line of Lake Collins. Then turn north and run along the City of Americus city limits to a point along the Lake Collins water line which is due west of the end of Lakeshore Drive. From said point, run due east to the end of Lakeshore Drive. Then run easterly and southerly along Lakeshore Drive to a point which is 1,378.5 feet in a westerly direction from the intersection of lakeshore Drive and U.S. Highway 19. Then run north 32 degrees 57 minutes west a distance of 393.25 feet. Then run north 88 degrees 15 minutes east 402.4 feet. Then run south 32 degrees 57 minutes east a distance of 155.8 feet to the right of way of Lakeshore Drive. Then run easterly along Lakeshore Drive to its intersection with U.S. Highway 19 (State Route 3). Then run southerly along U.S. Highway 19 (State Route 3) to its intersection with Mary Blount Drive. Then run easterly along Mary Blount Drive to the city limit line of the City of Americus (also the west boundary of a public housing project). Then run northerly and easterly along the city limit line to Pine Street (Roney Street ends

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at this point). Then run northerly along Pine Street to its intersection with Pecan Road. Then run easterly along Pecan Road to its intersection with Sunset Drive. Then run southerly and easterly along Sunset Drive to its intersection with the Bumphead Road (County Road 309). Then run southerly along the Bumphead Road (County Road 309) to the Souther-field Road/Rucker Street (Northside Drive) intersection. Then run northeasterly along the Southerfield Road (Andersonville Road) to its intersection with North Mayo Street. Then run southerly along North Mayo Street (which is also along the city limit line of the City of Americus) to a point along North Mayo Street where the city limit line turns east and runs southeast. At such point, turn east and run southeast along the city limit line of the City of Americus to the Central of Georgia Railroad tracks. Then follow the city limit line of the City of Americus northerly, southerly and easterly to its intersection with State Route 49 (Macon Road). Then run northeasterly along State Route 49 (Macon Road) to its intersection with Dogwood Hills Road. Then run southerly and easterly along Dogwood Hills Road to its intersection with the Middle River Road (County Road 300). Then run easterly along the Middle River Road (County Road 300) to its intersection with the run of Lime Creek. Then turn north and follow the run of Lime Creek in a northwesterly direction to its intersection with the Upper River Road (County Road 296). Then run easterly along the Upper River Road (County Road 296) to its intersection with State Route 195. Then run southerly along State Route 195 to its intersection with the Middle River Road. Then run easterly and southerly along the Middle River Road to its intersection with Georgia Highway 27 (Vienna Road). Then run easterly along State Route 27 (Vienna Road) to its intersection with the Flint River and the point of beginning of EDUCATION DISTRICT NUMBER 9. (b) Any reference in subsection (a) of this section to the city limits of the City of Americus shall mean the city limits as such existed on July 10, 1985. Section 4 . (a) The first members of the board of education shall be elected at the general election held in November, 1988. The five members elected from Education Districts 1, 3, 5, 7, and 9 shall take office on July 1, 1989, and shall serve for initial

Page 3562

terms which shall expire on December 31, 1992, and when their successors are elected and qualified. The four members elected from Education Districts 2, 4, 6, and 8 shall take office on July 1, 1989, and shall serve for initial terms which shall expire on December 31, 1990, and when their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Any member of the board of education shall be eligible to succeed himself. (b) All members 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. Section 5 . In the event a vacancy occurs on the board of education for any reason other than expiration of term of office, the remaining members of the board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. Section 6 . The members of the Board of Education of the Sumter County Public School System shall elect annually one of their number to serve as chairman of the board. Section 7 . The members of the board of education shall be compensated by an amount equal to that provided by Code Section 20-2-55 of the O.C.G.A. Section 8 . The Board of Education for the Sumter County Public School System created by this Act shall be the successor to the board of education of the county school system of Sumter County and the board of education of the independent school system of the City of Americus and shall, except as provided in this Act, be subject to all constitutional and statutory provisions relating to county bords of education. Section 9 . The Board of Education for the Sumter County Public School System shall appoint the school superintendent

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for such system who shall serve at the pleasure of the board. The superintendent shall, except as provided in this Act, be subject to all constitutional and statutory provisions relating to superintendents of county school systems. Section 10 . All employees of the county school system of Sumter County and the independent school system of the City of Americus shall have the same employment rights in the system created by this Act as they hold under constitutional and statutory provisions of the State of Georgia. Section 11 . Effective July 1, 1989, all property and facilities and all assets, debts, and obligations, except as provided in Section 12 of this Act, of the county school system of Sumter County and the independent school system of the City of Americus shall be transferred to the Sumter County Public School System and shall become the property and facilities and the assets, debts, and obligations of the Sumter County Public School System. Section 12 . (a) Outstanding bonded indebtedness of the county school system of Sumter County and outstanding bonded indebtedness of the independent school system of the City of Americus shall not be transferred to and shall not become obligations of the Sumter County Public School System. (b) Bonds issued by the independent school system of the City of Americus shall remain obligations of the taxpayers of the City of Americus as it shall exist on June 30, 1989, and no property in Sumter County outside of the corporate limits of the City of Americus shall be liable to taxation for the payment of the bonded indebtedness incurred by the independent school system of the City of Americus prior to July 1, 1989. Each year the city shall levy and collect such tax as may be necessary to provide for the retirement of the bonds and for paying the principal thereof and the interest thereon. (c) Bonds issued by the county school system of Sumter County shall remain obligations of the taxpayers of Sumter County School District as it shall exist on June 30, 1989, and no property in the City of Americus shall be liable to taxation for the payment of the bonded indebtedness incurred by the

Page 3564

county school system of Sumter County prior to July 1, 1989. Each year the county shall levy and collect such tax as may be necessary to provide for the retirement of the bonds and for paying the principal thereof and the interest thereon. Section 13 . The board of education of the county school system in Sumter County and the board of education of the independent school system in the City of Americus shall continue to control and manage their respective school systems until June 30, 1989. Effective July 1, 1989, the county school system in Sumter County, the board of education of such school system, and the position of school superintendent for such system and the independent school system in the City of Americus, the board of education of such system, and the position of school superintendent for such system shall stand abolished, and the terms of office of the members of such boards shall expire. Section 14 . No elections shall be held to fill any positions on the board of education of the county school system in Sumter County as such system exists on the effective day of this Act. Members of the board of education of the county school system whose current terms expire December 31, 1988, shall continue to serve until July 1, 1989. Section 15 . Not less than 15 nor more than 30 days after the earliest date on which the special election provided for in this section may lawfully be called under the federal Voting Rights Act of 1965, it shall be the duty of the election superintendent for Sumter County and the election superintendent for the City of Americus to simultaneously issue the call for elections to be held on the same date for the purpose of submitting this Act separately to the electors of the Sumter County School District and to the electors of the City of Americus School District for approval or rejection. The election superintendents shall set the date of such elections for the same day not less than 30 days after the date of the issuance of the call. The election superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Sumter County and the City of Americus. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act creating the Sumter County Public School System and the board of education for the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus and providing for other matters relative thereto be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast in the Sumter County School District and if more than one-half of the votes cast in the City of Americus School District 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 elections shall be borne by Sumter County and the City of Americus. It shall be the duty of the election superintendents to hold and conduct such elections. It shall be their further duty to certify the result thereof to the Secretary of State. Section 16 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 3731 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill creating the Sumter County Public School System and the Board of Education for the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus and providing for other related matters; and providing for a referendum; and for other purposes.

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William T. Hodges, Chairman Sumter County Board of Education Sharon Parks, Chairman January 20, 1988 Americus City Board of Education 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 date: January 23, 1988. /s/ George Hooks Representative, 116th District Sworn to and subscribed before me, this 26th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 11, 1988.

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HARRIS COUNTYBOARD OF COMMISSIONERS; COMPENSATION AND EXPENSES. No. 817 (House Bill No. 1595). AN ACT To amend an Act creating the board of commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, so as to change the compensation and expenses of the chairman and the other members of the board; to provide for the specific repeal of certain local Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the board of commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, is amended by deleting from Section 10 the last sentence of said section which reads as follows: Said commissioners shall receive as compensation for their services the sum of two dollars each per day; provided, that such compensation shall in no event exceed the sum of fifty dollars each per annum. Section 2 . 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 chairman of the board of commissioners of such county shall receive as compensation for his duties in connection with the office, the sum of $250.00 per month as salary, and an allowance not to exceed $250.00 per month as expenses within the county. The other members of such board shall each receive the sum of $200.00 per month as salary, and an allowance not to exceed $200.00 per month as expenses within the county. In addition thereto, all members shall receive reimbursement for actual expenses incurred when traveling on county business outside of the limits of Harris County.

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Section 3 . (a) An Act to fix the compensation of the members of the board of commissioners of Harris County, approved July 27, 1921 (Ga. L. 1921, p. 489), as amended by an Act approved March 6, 1939 (Ga. L. 1939, p. 623), an Act approved February 15, 1952 (Ga. L. 1952, p. 2624), an Act approved March 9, 1959 (Ga. L. 1959, p. 2442), and an Act approved March 10, 1964 (Ga. L. 1964, p. 2667), is repealed in its entirety. (b) An Act to amend an Act entitled An Act to create a Board of Commissioners in the County of Harris, approved April 17, 1973 (Ga. L. 1973, p. 3684), is repealed in its entirety. Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. HCJ-23 STATE OF GEORGIA COUNTY OF HARRIS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended; and for other purposes. This 19th day of January, 1988. Harris County Commission By: Raymond E. Grant Chairman GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy D. Moultrie, who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following date: January 28, 1988.

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/s/ Roy D. Moultrie Representative, 93rd District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 19, 1988. COBB COUNTY COMMISSION ON CHILDREN AND YOUTHCREATION. No. 820 (House Bill No. 1625). AN ACT To create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds; to provide for all related matters; to provide for termination of the commission; to provide for an annual report; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) There is created the Cobb County Commission on Children and Youth. The commission shall be composed of 29 members as follows: (1) Six members to be appointed by the Cobb County legislative delegation, three of whom shall reside in the 20th House legislative district and be appointed by members of the delegation who represent such district and three of whom shall reside in the 21st House legislative

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district and be appointed by members of the delegation who represent such district; (2) Four members to be appointed by the Cobb County legislative delegation, one each from Senate districts 32, 33, 37, and 56, who shall reside in such district and be appointed by the member of the delegation who represents such district; (3) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in East Cobb County and be appointed by members of the board who represent that portion of the county and three of whom shall reside in West Cobb County and be appointed by members of the board who represent that portion of the county; and (4) Thirteen members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court. Appointments to the Cobb County Commission on Children and Youth shall include at least one member from each of the following fields or professions: (1) Law enforcement; (2) Child welfare; (3) Medical; (4) The judiciary; (5) Education; and (6) The business and civic community. (b) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Cobb County Commission on Children and Youth shall be residents of said county. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment.

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Section 2 . The commission shall undertake a study of the needs, issues, and problems outlined in this resolution and any and all related matters. The commission may meet at such times and places as it deems necessary to perform its duties and accomplish the goals and purposes of this resolution. The members of the commission shall elect a chairman and such other officers as it deems necessary from its membership at the organizational meeting. The commission may adopt such rules or procedures as it finds necessary or desirable for the governance of its operations. The members of the commission shall serve without compensation or reimbursement for expenses from public funds. Section 3 . The commission is authorized to receive, accept, and expend funds from public or private sources for programs to benefit the children and youth of Cobb County. The commission is authorized to expend such funds to employ a coordinator, who shall not be a member of the commission, for such programs. The salary of such coordinator shall be set by the commission. Section 4 . The commission shall make an annual report on July 1 of each year of its findings and recommendations to the members of the Cobb County legislative delegation, the Board of Commissioners of Cobb County, and the judicial officers of Cobb County. Section 5 . The commission shall stand abolished on July 1, 1990. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly, a bill to create the Cobb County Commission on Children and Youths; and for other purposes.

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This 28 day of JANUARY 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephen P. 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 date: January 29, 1988. /s/ Stephen P. Thompson Representative, 20th District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 24, 1988.

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BEN HILL COUNTY PUBLIC SCHOOL SYSTEM; MERGER WITH SCHOOL SYSTEM OF CITY OF FITZGERALD; REFERENDUM. No. 824 (House Bill No. 1709). AN ACT To create the Ben Hill County Public School System by merging and consolidating the county school system of Ben Hill County and the independent school system of the City of Fitzgerald; to create the board of education for the Ben Hill County Public School System; to provide for the election of members of the board and for their terms of office; to provide for electoral districts of board members; to provide for the filling of vacancies; to provide for the election of the chairman of the board; to provide for the compensation of board members; to provide that said board shall appoint the county school superintendent to serve at the pleasure of the board; to provide for protection of employment rights of current employees; to abolish the county school system of Ben Hill County and the independent school system of the City of Fitzgerald and the boards of education and school superintendents of such systems; to provide for all 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 . Effective July 1, 1989, there is created for Ben Hill County the Ben Hill County Public School System. The Ben Hill County Public School System shall be created by merging and consolidating the county school system of Ben Hill County and the independent school system of the City of Fitzgerald as such exist on June 30, 1989. The Ben Hill County Public School System shall be under the control and management of the Board of Education of Ben Hill County created by this Act. Section 2 . Effective July 1, 1989, there is created a Board of Education for the Ben Hill County Public School System to be composed of seven members elected from the education districts provided for in Section 3 of this Act. Each member shall

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be a resident of the education district he or she represents and shall be elected by the voters of the education district in which he or she resides. All board members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided within Ben Hill County for at least one year immediately preceding the date of their election and within the education district which they represent at least six months immediately preceding the date of their election. Section 3 . For the purpose of electing the members of the Board of Education of the Ben Hill County Public School System, Ben Hill County shall be divided into seven education districts described by the following boundaries: Education District 1: Commencing at the intersection of East Central Avenue and North Grant Street in the City of Fitzgerald; thence generally northerly along Grant Street to its point of intersection with Sultana Drive; thence generally easterly along Sultana Drive to its intersection with Bush Avenue; thence generally northerly along Bush Avenue to its point of intersection with the corporate limits of the City of Fitzgerald; thence easterly and southerly along the corporate limits of the said City of Fitzgerald to the point where said corporate limits intersect State Highway 107, also known as the Ashton Highway; thence generally westerly along the said State Highway 107 (which said State Highway 107 is, in part, composed of East Central Avenue) to the point where said State Highway 107 and the said East Central Avenue intersects North Grant Street in said City, the same being the point and place of beginning. Education District 2: Beginning at the point where East Central Avenue in said City is intersected by Grant Street and running thence in a generally westerly direction along East Central Avenue to the point where the same becomes West Central Avenue in said City; thence continuing in a generally westerly direction along said West Central Avenue to the point where the same is intersected by Lee Street; thence in a generally southerly direction along South Lee Street to the point where

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the same is intersected by West Pine Street; thence in a generally westerly direction along West Pine Street to the point where the same intersects South Merrimac Drive; thence in a generally northerly direction along South Merrimac Drive to the point where the same is intersected by State Highway 107; thence in a generally westerly direction along State Highway 107 to its intersection with Snowden Loop; thence in a generally northerly direction along the easternmost course of Snowden Loop to its intersection with Wheeler Avenue; thence continuing from said point in an initially generally northerly direction followed by a serpentine course along the corporate limits of the City of Fitzgerald to the point where the same is intersected by Washington Avenue; thence in a generally easterly direction along Washington Avenue to the point where the same is intersected by North Merrimac Drive; thence in a generally northerly direction along North Merrimac Drive to its intersection with West Sultana Drive; thence in a generally easterly direction along West Sultana Drive to its point of intersection with North Grant Street; thence in a generally southerly direction along North Grant Street to the point and place of beginning. Education District 3: Commencing at the point where South Lee Street in said City is intersected by West Pine Street in said City and running thence in a generally southerly direction along South Lee Street to the point where the same is intersected by West Roanoke Drive; thence in a generally westerly direction along West Roanoke Drive to the point where the same is intersected by the Perry House Road; thence in a generally southerly direction along the Perry House Road to the point where the same intersects the Ed Ward Road; thence in a generally westerly direction to the point where the Ed Ward Road intersects the Ben Hill County line; thence continuing in a generally westerly direction along the Ben Hill County line to the point where the same is intersected by the Irwinville Highway; thence in a generally northeasterly and easterly direction along the Irwinville Highway (which said Irwinville Highway becomes West Central Avenue in said City) to the point where the same is intersected by Merrimac Drive; thence in a generally southerly direction along South Merrimac Drive to the point where the same is intersected by

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West Pine Street; thence in a generally easterly direction along West Pine Street to the point and place of beginning. Education District 4: Commencing at the point where State Route 107 (the same being Central Avenue) is intersected by Lee Street in said City; thence in a generally easterly direction along said State Route 107 to the point where the same is intersected by the run of Turkey Creek; thence along a generally southerly serpentine course along the run of Turkey Creek to the point where the same is intersected by the Cemetery Road, also known as the Evergreen Road; thence generally westerly along the said Cemetery Road to its point of intersection with Monitor Drive; thence in a generally southerly direction along Monitor Drive to its point of intersection with Roanoke Drive, thence in a generally westerly direction along Roanoke Drive to its point of intersection with South Lee Street; thence in a generally northerly direction along South Lee Street to the point and place of beginning. Education District 5: Commencing at the point where the Ben Hill County line is intersected by the Ed Ward Road and running thence in a generally easterly direction along the Ed Ward Road to its intersection with the Perry House Road; thence in a generally northerly direction along the Perry House Road to its point of intersection with Roanoke Drive in said City of Fitzgerald; thence in a generally easterly direction along Roanoke Drive to its point of intersection with Monitor Drive; thence north along Monitor Drive to its point of intersection with the Cemetery Road; thence in a generally easterly direction along the Cemetery Road to its point of intersection with the run of Turkey Creek; thence in a generally northerly serpentine direction along the run of Turkey Creek to the intersection of the run of said Turkey Creek with State Route 107, also known as the Ashton Highway; thence in a generally westerly direction along the said State Route 107 to its point of intersection with the corporate limits of the City of Fitzgerald; thence in a generally northerly direction along the corporate limits of the City of Fitzgerald to its point of intersection with County Road 179; thence in a generally westerly direction

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along County Road 179 to its point of intersection with County Road 173, also known as Jefferson Street; thence in a generally northerly direction along Jefferson Street to its point of intersection with Mayes Street; thence in a generally easterly direction along Mayes Street, which said street is also County Road 165, to its intersection with County Road 174; thence in a generally easterly direction along County Road 174 until it is intersected by County Road 180; thence in a generally northerly direction followed by a generally westerly direction along County Road 180 until the same is intersected by County Road 182; thence in a generally northerly direction along County Road 182 until the same is intersected by County Road 170; the same being also known as the Kiokee Road; thence in a generally westerly direction to the point where the said Kiokee Road is intersected by State Route 11; thence in a generally northerly direction along State Route 11 to the point where the same is intersected by the Lulaville Road; thence in a generally easterly direction along the Lulaville Road (which is also known as County Road 199) to the point where the same is intersected by County Road 11; thence in a generally northerly direction continuing along County Road 199 to the point where the same is intersected by State Route 182; thence in a generally northwesterly direction along State Route 182 to the point where the same is intersected by the run of Otter Creek; thence in a generally northeasterly serpentine course along the run of Otter Creek to the point where the same intersects the Ocmulgee River and the Ben Hill County line; thence follow in a clockwise direction the Ben Hill County line over various courses and along the borders of Telfair, Coffee, and Irwin Counties to the point and place of beginning. Education District 6: Commencing at the point where Washington Avenue in said City is intersected by the railroad tracks of CSX Transportation, Inc., thence running in a generally northwesterly direction along said railroad tracks of said CSX Transportation, Inc., to the point where the same is intersected by the run of Willacoochee Creek; thence in a generally northerly serpentine direction along the run of Willacoochee Creek to the point where the same is intersected by that certain road known as the Lower Rebecca Road; thence in a generally

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easterly direction along the run of the Lower Rebecca Road to its point of intersection with State Route 90; thence continuing in a generally easterly direction along Industrial Drive to the point where the same is intersected by State Route 11; thence continuing in a generally easterly direction along the Kiokee Road to the point where the same is intersected by County Road 182; thence south along County Road 182 to its intersection with County Road 180; thence in a generally easterly direction and then a generally southerly direction along County Road 180 to its intersection with County Road 174; thence in a generally westerly direction along County Road 174 to its intersection with Mayes Street, the same being County Road 165; thence in a generally westerly direction along Mayes Street to its intersection with Jefferson Street, the same being County Road 173; thence in a generally southerly direction along Jefferson Street to the point where it intersects the corporate limits of the City of Fitzgerald; thence in a generally westerly direction and a generally northerly direction along the corporate limits of the City of Fitzgerald to the point where the same is intersected by Bush Avenue; thence in a generally southerly direction along Bush Avenue to the point where the same is intersected by Sultana Drive; thence in a generally westerly direction along Sultana Drive to the point where the same is intersected by Merrimac Drive; thence in a generally southerly direction along Merrimac Drive to the point where it is intersected by Washington Avenue; thence in a generally westerly direction along Washington Avenue to the point and place of beginning. Education District 7: Commencing at a point where the Irwinville Highway intersects the Ben Hill County line and running thence in a clockwise fashion along the Ben Hill County line and adjacent to Irwin, Turner, and Wilcox Counties to the point where the Ben Hill County line is intersected by the run of Otter Creek (the line at said point being the Ocmulgee River); thence in a generally southwesterly direction along the run of Otter Creek to State Route 182; thence in a generally southeasterly direction along State Route 182 to County Road 199; thence generally southerly along the run of County Road 199 to its intersection with County Road 11; thence generally easterly along County Road 199 to its intersection with State

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Route 11; thence in a generally southerly direction along State Route 11 to its intersection with the Kiokee Road (also known as the Industrial Drive); thence in a generally westerly direction along the said Industrial Drive to its intersection with State Route 90; thence continuing in a generally westerly direction along the Lower Rebecca Road to the point where the same is intersected by the run of Willacoochee Creek; thence in a generally southerly serpentine course along the run of Willacoochee Creek to the point where the same is intersected by the railroad tracks of CSX Transportation, Inc.; thence in a generally southeasterly direction along the railroad tracks of CSX Transportation, Inc. to its intersection with Washington Avenue; thence in a generally westerly direction along Washington Avenue to the point where the said Washington Avenue is intersected by Traylor Avenue; thence continuing westerly along Washington Avenue to the point where Washington Avenue next intersects the corporate limits of the City of Fitzgerald; thence in a generally southerly and generally westerly serpentine course along the corporate limits of the City of Fitzgerald to the point located on Wheeler Avenue nearest to its intersection with Snowden Loop; thence in a generally southerly direction along the eastermost course of Snowden Loop to its point of intersection with the Irwinville Highway; thence in a generally southwesterly direction along the Irwinville Highway to its intersection with the Ben Hill County line, the same being the point and place of beginning. Section 4 . (a) The first members of the board of education shall be elected at the general election held in November, 1988. The four members elected from Education Districts 1, 3, 5, and 7 shall take office on July 1, 1989, and shall serve for initial terms which shall expire on December 31, 1992, and when their successors are elected and qualified. The three members elected for Education Districts 2, 4, and 6 shall take office on July 1, 1989, and shall serve for initial terms which shall expire on December 31, 1990, and when their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Any member of the board of education shall be eligible to succeed himself.

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(b) All members 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 5 . In the event a vacancy occurs on the board of education for any reason other than expiration of term of office, the remaining members of the board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. Section 6 . The members of the Board of Education of the Ben Hill County Public School System shall elect annually one of their members to serve as chairman of the board. Section 7 . The members of the board of education shall be compensated by an amount equal to that provided by Code Section 20-2-55 of the Official Code of Georgia Annotated. Section 8 . The Board of Education for the Ben Hill County Public School System created by this Act shall be the successor to the board of education of the county school system of Ben Hill County and the board of education of the independent school system of the City of Fitzgerald and shall, except as provided in this Act, be subject to all constitutional and statutory provisions relating to county boards of education. Section 9 . The Board of Education for the Ben Hill County Public School System shall appoint the superintendent for such system who shall serve at the pleasure of the board. The superintendent shall, except as provided in this Act, be subject to all constitutional and statutory provisions relating to superintendents of county school systems. Section 10 . All employees, including superintendents, of the county school system of Ben Hill County and the independent school system of the City of Fitzgerald shall have the same employment rights in the new system created by this Act as they hold under constitutional and statutory provisions of the State of Georgia. The present superintendent of the Ben Hill

Page 3581

County School System shall continue to hold an administrative position in the new school system and shall receive the same compensation as is now paid him, until the expiration of his term of office, and the superintendent of the Fitzgerald City School System shall continue to hold some administrative position in the new school system and shall receive the same compensation as is now paid to him, until the expiration of his contract. The current superintendent of the Ben Hill County School System and the current superintendent of the Fitzgerald City School System shall both be eligible for appointment to serve as the new superintendent of the school system created by this Act, if so chosen and appointed by the board of education created by this Act in accordance with the terms of this Act, however, the board shall not be limited with regard to the appointment and may select either current superintendent to serve as the new superintendent or, in the discretion of the board, may select some third person to hold such office. Section 11 . Effective July 1, 1989, all property and facilities and all assets, debts, and obligations, except as provided in Section 12 of this Act, of the county school system of Ben Hill County and the independent school system of the City of Fitzgerald shall be transferred to the Ben Hill County Public School System and shall become the property and facilities and the assets, debts, and obligations of the Ben Hill County Public School System. Section 12 . (a) Outstanding bonded indebtedness of the county school system of Ben Hill County and outstanding bonded indebtedness of the independent school system of the City of Fitzgerald shall not be transferred to and shall not become obligations of the Ben Hill County Public School System. (b) Bonds issued by the independent school system of the City of Fitzgerald shall remain obligations of the taxpayers of the City of Fitzgerald as it shall exist on June 30, 1989, and no property in Ben Hill County outside of the corporate limits of the City of Fitzgerald shall be liable to taxation for the payment of the bonded indebtedness incurred by the independent school system of the City of Fitzgerald prior to July 1, 1989. Each year the city shall levy and collect such tax as may be necessary to provide for the retirement of the bonds and for paying the principal thereof and the interest thereon.

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(c) Bonds issued by the county school system of Ben Hill County shall remain obligations of the taxpayers of Ben Hill County School District as it shall exist on June 30, 1989, and no property in the City of Fitzgerald shall be liable to taxation for the payment of the bonded indebtedness incurred by the county school system of Ben Hill County prior to July 1, 1989. Each year the county shall levy and collect such tax as may be necessary to provide for the retirement of the bonds and for paying the principal thereof and the interest thereon. Section 13 . The board of education of the county school system in Ben Hill County and the board of education of the independent school system in the City of Fitzgerald shall continue to control and manage their respective school systems until June 30, 1989. Effective July 1, 1989, the county school system in Ben Hill County, the board of education of such school system, and the position of school superintendent for such system and the independent school system in the City of Fitzgerald, the board of education of such system, and the position of school superintendent for such system shall stand abolished, and the terms of office of the members of such boards shall expire. Section 14 . Not less than 15 nor more than 30 days after the earliest date on which the special election provided for in this section may lawfully be called under the federal Voting Rights Act of 1965, it shall be the duty of the election superintendent for Ben Hill County and the election superintendent for the City of Fitzgerald to simultaneously issue the call for elections to be held on the same date for the purpose of submitting this Act separately to the electors of the Ben Hill County School District and to the electors of the City of Fitzgerald School District for approval or rejection. The election superintendents shall set the date of such elections for the same day not less than 30 days after the date of the issuance of the call. The election superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Ben Hill County and the City of Fitzgerald. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act creating the Ben Hill County Public School System and the board of education for the Ben Hill County Public School System by merging and consolidating the county school system of Ben Hill County and the independent school system of the City of Fitzgerald and providing for other matters relative thereto be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast in the Ben Hill County School District and if more than one-half of the votes cast in the City of Fitzgerald School District 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 elections shall be borne by Ben Hill County and the City of Fitzgerald. It shall be the duty of the election superintendents to hold and conduct such elections. It shall be their further duty to certify the result thereof to the Secretary of State. Section 15 . 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 1988 Session of the General Assembly of Georgia a bill creating the Ben Hill County Public School System and the Board of Education for the Ben Hill County Public School System by merging and consolidating the county school system of Ben Hill County and the independent school system of the City of Fitzgerald, and providing for the election of members of the board and for their terms of office; and providing for electoral districts of board members; and providing for the filling of vacancies; and providing for the election of the chairman of the board; and providing

Page 3584

for the compensation of board members; and providing that said board shall appoint the county school superintendent to serve at the pleasure of the board; and providing for protection of employment rights of current superintendent and employees of both systems; and providing for the abolishment of the current county school system of Ben Hill County and the current independent school system of the City of Fitzgerald and the boards of education and offices of superintendent of such systems; and providing for all matters relative to the foregoing; and providing for a referendum; and providing for the repeal of conflicting laws; and for other purposes. The Fitzgerald City Board of Education: Nan Lee, Chairman; Wilkie Glenn, Vice Chairman, and Shelly McGill, Ulysees Cummings, Wayne Maris, Steve McIntyre, Harrison McNease, members of the board. GEORGIA, BEN HILL COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, came BARBARA ASHE, who, on oath, deposes and says that she is and all times pertinent hereto was an employee of The Herald-Leader , the legal organ of the City of Fitzgerald and Ben Hill County, Georgia, the same being a newspaper of general circulation published in Ben Hill County, Georgia, and the same being the newspaper in which sheriff's advertisements for Ben Hill County are published, and further shows that she is an employee of said newspaper designated by the publisher to make this affidavit, and further deposes and states that the within and foregoing copy of Notice of Intention to Introduce Local Legislation was published in The Herald-Leader , the official organ of Ben Hill County, Georgia, on the following date: February 3, 1988. Said notice was published in accordance with the provisions of O.C.G.A. Sec. 28-1-14 in the said The Herald-Leader on said date.

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Further affiant saith not. /s/ Barbara W. Ashe Sworn to and subscribed before me, this 3rd day of February, 1988. /s/ Betty S. Bailey NOTARY PUBLIC, GEORGIA STATE AT LARGE My Commission Expires: May 29, 1989 Date of Notarization: February 3, 1988 (NOTARY SEAL) Approved February 26, 1988. BARROW COUNTYBOARD OF COMMISSIONERS; COMPOSITION; ELECTIONS; DISTRICTS; CHAIRMAN; QUORUM. No. 825 (House Bill No. 1359). AN ACT To amend an Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5018), so as to change the composition of the board; to provide for the election, qualifications, and terms of the chairman and other members of the board; to provide for commissioner districts; to abolish certain road district positions on the board; to provide for the powers and duties of the chairman of the board; to provide for resolutions and to provide that the chairman may veto, approve, or fail to approve certain resolutions and the conditions, consequences, and procedures relating thereto; to provide for a chairman pro tempore and the rights and responsibilities thereof; to provide for vacancies; to change the provisions relating to quorum and certain votes required; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5018), is amended by striking Section 1 thereof, providing for composition of the Board of Commissioners of Barrow County, and inserting in its place a new Section 1 to read as follows: Section 1. On and after January 1, 1989, the Board of Commissioners of Barrow County, sometimes referred to in this Act as `the board,' shall be composed of seven members, one of whom shall be the chairman, and all of whom shall be selected as provided in this Act. Section 2 . Said Act is further amended by striking Section 3 thereof, providing for qualifications of members of the board, and inserting in its place a new Section 3 to read as follows: Section 3. (a) No member of the board shall be ineligible for public office pursuant to Code Section 45-2-1 of the O.C.G.A. Each of the persons elected from commissioner districts shall have been a resident of that person's respective commissioner district for at least six months prior to the date of taking office. In the event the chairman ceases to be a resident of Barrow County during that person's term of office or in the event any member ceases to be a resident of the respective commissioner district from which that member was elected or appointed during that member's term of office, a vacancy shall thereby be created and shall be filled in the manner provided in Section 8 of this Act. The chairman of the board shall be elected by the qualified electors of the entire county. Each of the other members shall be elected by the qualified electors residing only in the respective commissioner district from which that person seeks election as a member. Any person wishing to offer as a candidate for chairman shall offer as a candidate for that office. Any person offering as a candidate for member of the board other than chairman shall designate the commissioner district for which that person 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 O.C.G.A.

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(b) A person appointed or elected to fill a vacancy on the board pursuant to Section 8 of this Act shall meet, as of the time such person takes office, the residency and other requirements established for that office pursuant to subsection (a) of this section and, if that person is elected to fill that vacancy, shall be elected by those electors authorized to vote for that office under that subsection (a). Section 3 . Said Act is further amended by striking Section 4 thereof, describing commissioner districts, and inserting in its place a new Section 4 to read as follows: Section 4. (a) For purposes of electing members of the board, Barrow County shall be divided into six commissioner districts as follows: COMMISSIONER DISTRICT 1 Begin at the intersection of the southerly right-of-way of Patrick Mill Road with the Appalachee River; thence in a northerly direction along the southerly right-of-way of Patrick Mill Road to its intersection with the southerly right-of-way of Roxey Maxey Road; thence in an easterly direction along the southerly right-of-way of Roxey Maxey Road to its intersection with the easterly right-of-way of Tom Miller Road; thence in a north-westerly direction along the easterly right-of-way of Tom Miller Road to its intersection with the southerly right-of-way of Patrick Mill Road; thence in a northerly direction along the southerly right of way of Patrick Mill Road to its intersection with the southerly right-of-way of Bill Rutledge Road; thence in an easterly direction along the southerly right-of-way of Bill Rutledge Road to its intersection with the southerly right-of-way of State Highway 81; thence in an easterly direction along the southerly right-of-way of State Highway 81 to its intersection with the southerly right-of-way of Lee Street; thence in a southeasterly direction along the southerly right-of-way of Lee Street to its intersection with the easterly right-of-way of Maynard Street; thence in a northeasterly direction along the easterly right-of-way of Maynard Street to its intersection with the southerly right-of-way of Second Street; thence in an easterly direction along the southerly right-of-way of Second Street to its intersection with the

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easterly right-of-way of Wade Street; thence in a northerly direction along the easterly right-of-way of Wade Street to its intersection with the southerly right-of-way of Williams Street; thence in an easterly direction along the southerly right-of-way of Williams Street to its intersection with the easterly right-of-way of Williamson Street; thence in a northerly direction along the easterly right-of-way of Williamson Street to its intersection with the southerly right-of-way of Midland Avenue; thence in a Westerly direction along the southerly right-of-way of Midland Avenue to its intersection with the easterly right-of-way of Williams Street; thence in a northeasterly direction along the easterly right-of-way of Williams Street to its intersection with the southerly right-of-way of Capital Avenue; thence in an northwesterly direction along the southerly right-of-way of Capital Avenue to its intersection with the easterly right-of-way of King Street; thence in a northerly direction along the easterly right-of-way of King Street to its intersection with the southerly right-of-way of Wright Street; thence in an easterly direction along the southerly right-of-way of Wright Street to its intersection with the easterly right-of-way of Jessie Street; thence northerly along the easterly right-of-way of Jessie Street to its intersection with the southerly right-of-way of Shields Street; thence in a northwesterly direction along the southerly right-of-way of Shields Street to its intersection with the easterly right-of-way of King Street; thence in a northeasterly direction along the easterly right-of-way of King Street to its intersection with the easterly right-of-way of Hazel Street; thence in a northerly direction along the easterly right-of-way of Hazel Street to its intersection with the southerly right-of-way of State Highway 82; thence in an easterly direction along the southerly right-of-way of State Highway 82 to its intersection of the Winder City Limits; thence in a southerly direction along the Winder City Limits to its intersection with the southerly right-of-way of Wright Street; thence in an easterly direction along the southerly right-of-way of Wright Street to its intersection with the westerly right-of-way of Pickle Simon Road; thence in a southerly direction along the westerly right-of-way of Pickle Simon Road to its intersection with the westerly right-of-way of Chapel Church Road; thence in a southerly direction along the westerly right-of-way of

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Chapel Church Road to its intersection with the northerly right-of-way of State Highway 8; thence in an easterly direction along the northerly right-of-way of State Highway 8 to its intersection with the westerly right-of-way of Bert Day Road; thence in a southerly direction along the westerly right-of-way of the Bert Day Road to its intersection with the northerly right-of-way of State Highway 53; thence in a westerly direction along the northerly right-of-way of State Highway 53 to its intersection with the westerly right-of-way of Golf Course Road; thence in a southerly direction along the westerly right-of-way of Gold Course Road to its intersection with the easterly right-of-way of Corinth Church Road; thence in a northerly direction along the easterly right-of-way of Corinth Church Road to its intersection with the easterly right-of-way of State Highway 11; thence in a southerly direction along the easterly right-of-way of State Highway 11 to its intersection with the easterly right-of-way of Harry McCarty Road; thence in a southerly direction along the easterly right-of-way of Harry McCarty Road to its intersection with the easterly right-of-way of Briscoe Mill Road; thence in a southerly direction along the easterly right-of-way of Briscoe Mill Road to its intersection with the northerly right-of-way of Tanner Bridge Road; thence in an easterly direction along the northerly right-of-way of Tanner Bridge Road to its intersection with the easterly right-of-way of State Highway 11; thence in a southerly direction along the easterly right-of-way of State Highway 11 to its intersection with the Appalachee River; thence in a westerly direction along the Appalachee River to the true point of beginning. COMMISSIONER DISTRICT 2 Begin at the intersection of the easterly right-of-way of State Highway 11 with the Appalachee River; thence in a northerly direction along the easterly right-of-way of State Highway 11 to its intersection with the northerly right-of-way of Tanners Bridge Road; thence in a westerly direction along the northerly right-of-way of Tanners Bridge Road to its intersection with the easterly right-of-way of Briscoe Mill Road; thence in a northerly direction along the easterly right-of-way of Briscoe Mill Road to its intersection with the easterly right-of-way of Harry

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McCarty Road; thence in a northerly direction along the easterly right-of-way of Harry McCarty Road to its intersection with the easterly right-of-way of State Highway 11; thence in a northerly direction along the easterly right-of-way of State Highway 11 to its intersection with the westerly right-of-way of Corinth Church Road; then in a southerly direction along the westerly right-of-way of Corinth Church Road to its intersection with the southerly right-of-way of Golf Course Road; thence in a northeasterly direction along the southerly right-of-way of Golf Course Road to its intersection with the southerly right-of-way of State Highway 53; thence in an easterly direction along the southerly right-of-way of State Highway 53 to its intersection with the easterly right-of-way of Bert Day Road; thence in a northerly direction along the easterly right-of-way of Bert Day Road to its intersection with the southerly right-of-way of State Highway 8; thence in an easterly direction along the southerly right-of-way of State Highway 8 to its intersection with the easterly right-of-way of Chapel Church Road; thence in a northerly direction along the easterly right-of-way of Chapel Church Road to its intersection with the easterly right-of-way of Pickle Simon Road; thence in a northerly direction along the easterly right-of-way of Pickle Simon Road to its intersection with the northerly right-of-way of Wright Street; thence in a westerly direction along the northerly right-of-way of Wright Street to its intersection with the Winder City Limits; thence in a northerly direction along the Winder City Limits to its intersection with the northerly right-of-way of State Highway 82; thence in a westerly direction along the northerly right-of-way of State Highway 82 to its intersection with the easterly right-of-way of State Highway 11; thence in a northeasterly direction along the easterly right-of-way of State Highway 11 to its intersection with the southerly right-of-way of Holsenbeck School Road; thence in a southeasterly direction along the southerly right-of-way of Holsenbeck School Road to its intersection with the easterly right-of-way of Dunahoo Road; thence in a northerly direction along the easterly right-of-way of Dunahoo Road to its intersection with the northerly right-of-way of State Highway 211; thence in a northwesterly direction along the northerly right-of-way of State Highway 211 to its intersection with the easterly

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right-of-way of State Highway 11; thence in a northeasterly direction along the southerly right-of-way of State Highway 11 to its intersection with the Mulberry River; thence in an easterly direction along the Mulberry River to its intersection with the westerly right-of-way of Hancock Bridge Road; thence in a southerly direction along the westerly right-of-way of Hancock Bridge Road to its intersection with the westerly right-of-way of Pleasant Hill Church Road; thence in a southerly direction along the westerly right-of-way of Pleasant Hill Church Road to its intersection with the westerly right-of-way of Bowman Mill Road; thence in a southerly direction along the right-of-way of Bowman Mill Road to its intersection with State Highway 8; thence in a southerly direction along the westerly right-of-way of Jackson Trail Road to its intersection with the southerly right-of-way of State Highway 53; thence in an easterly direction along the southerly right-of-way of State Highway 53 to its intersection with the Barrow County/Oconee County Line; thence in a southerly direction along the Barrow County boundary line and in a westerly direction along the Appalachee River to the true point of beginning. COMMISSIONER DISTRICT 3 Commence at the intersection of the northerly right-of-way of Georgia Highway No. 53 at its intersection with the Barrow County/Oconee County line; thence in a westerly direction along the northerly right-of-way of Georgia Highway 53 to the easterly right-of-way of County Road No. 139 (a/k/a Jackson Trail Road and a/k/a Bowman Mill Road); thence in a northerly direction along the easterly right-of-way of County Road No. 139 to its intersection with the easterly right-of-way of Pleasant Hill Church Road; thence in a northerly direction along the easterly right-of-way of Pleasant Hill Church Road to its intersection with the easterly right-of-way of Hancock Bridge Road; thence in a northerly direction along the easterly right-of-way of Hancock Bridge Road to its intersection with the Mulberry River; thence continue in a easterly direction along the Mulberry River and in a southerly direction along the Barrow County boundary lines continuing to the true point of beginning.

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COMMISSIONER DISTRICT 4 Commence at the intersection of the westerly right-of-way of Patrick Mill Road with the Appalachee River; thence in a northerly direction along the westerly right-of-way of Patrick Mill Road to its intersection with the northerly right-of-way of Roxey Maxey Road; thence in an easterly direction along the northerly right-of-way of Roxey Maxey Road to its intersection with the westerly right-of-way of Tom Miller Road; thence in a northwesterly direction along the westerly right-of-way of Tom Miller Road to its intersection with the northerly right-of-way of Patrick Mill Road; thence in a northerly direction along the westerly right-of-way of Patrick Mill Road to its intersection (as extended) with the southerly right-of-way of the Old Bankhead Highway; thence in a westerly direction along the southerly right-of-way of the Old Bankhead Highway to its intersection with the westerly right-of-way (extended) of Pierce Road; thence in a northerly direction along the westerly right-of-way of Pierce Road to its intersection with the northerly right-of-way of Carl Cedar Hill Road; thence in an easterly direction along the northerly right-of-way of Carl Cedar Hill Road to its intersection with the westerly right-of-way of Georgia Highway No. 211; thence in a northerly direction along the westerly right-of-way of Georgia Highway 211 to its intersection with the Little Mulberry River; thence in an easterly direction along the Little Mulberry River to its intersection with the Mulberry River; thence in a westerly direction along the Mulberry River and continuing in a southerly direction along the Barrow County/Gwinnett County boundary line to the Appalachee River; thence in an easterly direction along the Appalachee River to the true point of beginning. COMMISSIONER DISTRICT 5 Begin at the intersection of the westerly right-of-way of Center Street with the westerly right-of-way of Midland Avenue in the City of Winder; thence in a southerly direction along the westerly right-of-way of Center Street to its intersection with the northerly right-of-way of Bill Rutledge Road; thence in a westerly direction along the

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northerly right-of-way of Bill Rutledge Road to its intersection with the easterly right-of-way of Patrick Mill Road; thence in a northerly direction along the easterly right-of-way of Patrick Mill Road to its intersection (as extended) with the northerly right-of-way of the Old Bankhead Highway; thence in a westerly direction along the northerly right-of-way of the Old Bankhead Highway to its intersection with the easterly right-of-way of Pierce Road; thence in a northerly direction along the easterly right-of-way of Pierce Road to its intersection with the southerly right-of-way of Carl Cedar Hill Road; thence in an easterly direction along the southerly right-of-way of Carl Cedar Hill Road to its intersection with the southerly right-of-way of Rockwell Church Road; thence in an easterly direction along the southerly right-of-way of Rockwell Church Road to its intersection with the westerly right-of-way of Miles Patrick Road (closed); thence in a southerly direction along the westerly right-of-way of Miles Patrick Road to its intersection with the westerly right-of-way of Midland Street; thence in a southerly direction along the westerly and southerly right-of-way of Midland Street to the true point of beginning. COMMISSIONER DISTRICT 6 Commence at the intersection of the westerly right-of-way of State Highway 11 with the Mulberry River; thence in a southerly direction along the westerly right-of-way of State Highway 11 to its intersection with the southerly right-of-way of State Highway 211; thence in a southeasterly direction along the southerly right-of-way of State Highway 211 to its intersection with the westerly right-of-way of Dunahoo Road; thence in a southerly direction along the westerly right-of-way of Dunahoo Road to its intersection with the northerly right-of-way of Holsenbeck School Road; thence in a northwesterly direction along the northerly right-of-way of Holsenbeck School Road to its intersection with the westerly right-of-way of State Highway 11; thence in a southerly direction along the westerly right-of-way of State Highway 11 to its intersection with the southerly right-of-way of State Highway 82; thence in an easterly direction along the southerly right-of-way of State Highway 82 to its intersection with

Page 3594

the westerly right-of-way of Hazel Street; thence in a southerly direction along the westerly right-of-way of Hazel Street to its intersection with the westerly right-of-way of King Street; thence in a southerly direction along the westerly right-of-way of King Street to its intersection with the southerly right-of-way of Shields Street; thence southeasterly along the southerly right-of-way of Shields Street to its intersection with the westerly right-of-way of Jessie Street; thence in a southerly direction along the westerly right-of-way of Jessie Street to its intersection with the northerly right-of-way of Wright Street; thence westerly along the northerly right-of-way of Wright Street to its intersection with the westerly right-of-way of King Street; thence southerly along the westerly right-of-way of King Street to its intersection with the southerly right-of-way of Capital Street; thence in a southeasterly direction along the right-of-way of Capital Street to its intersection with the westerly right-of-way of Williams Street; thence southerly along the westerly right-of-way of Williams Street to its intersection with the southerly right-of-way of Midland Avenue; thence easterly along the southerly right-of-way of Midland Avenue to its intersection with the westerly right-of-way of Williamson Street; thence in a southerly direction along the westerly right-of-way of Williamson Street to its intersection with the northerly right-of-way of Williams Street; thence in a westerly direction along the northerly right-of-way of Williams Street to its intersection with the westerly right-of-way of Wade Street; thence in a southerly and westerly direction along the westerly right-of-way of Wade Street to its intersection with the northerly right-of-way of Second Street; thence in a westerly direction along the northerly right-of-way of Second Street to its intersection with the westerly right-of-way of Maynard Street; thence in a southerly direction along the westerly right-of-way of Maynard Street to its intersection with the northerly right-of-way of Lee Street; thence in a westerly direction along the northerly right-of-way of Lee Street to its intersection with the easterly right-of-way of Broad Street; thence in a southerly direction along the easterly right-of-way of Broad Street to its intersection with the easterly right-of-way of Center Street; thence northerly along the easterly right-of-way of Center Street to its intersection with the easterly right-of-way

Page 3595

of Midland Avenue; thence in a northerly direction along the easterly right-of-way of Midland Avenue to its intersection with the easterly right-of-way of Miles Patrick Road; thence in a northerly direction along the easterly right-of-way of Miles Patrick Road to its intersection with the northerly right-of-way of Rockwell Church Road; thence in a westerly direction along the northerly right-of-way of Rockwell Church Road to its intersection with the easterly right-of-way of State Highway 211; thence in a northwesterly direction along the easterly right-of-way of State Highway 211 to its intersection with the Little Mulberry River; thence easterly along the Little Mulberry River to its intersection with the Mulberry River; thence in an easterly direction along the Mulberry River to the true point of beginning. (b) Any part of Barrow County which is not included in a commissioner district described in subsection (a) of this section shall be included within that district which is contiguous to that part and which contains the least population according to the United States decennial census of 1980 or any future such census for the State of Georgia. Section 4 . Said Act is further amended by striking Section 5 thereof, relating to election of members to the board, and inserting in its place a new Section 5 to read as follows: Section 5. (a) Those members of the Board of Commissioners of Barrow County elected thereto at the November general election held in 1984, and any person who is a member of the board by reason of being selected to fill a vacancy in the office of a member so elected, shall continue to serve out their respective terms of office, which expire December 31, 1988, and until their respective successors are elected and qualified as provided in subsection (b) of this section. No one shall be elected as a member of the board from a road district at the November general election held in 1988 or any year thereafter, and those road district membership positions on the board are abolished when the members first elected from commissioner districts, as described in Section 4 of this Act, take office. (b) Members of the board first elected from Commissioner Districts 4, 5, and 6, as described in Section 4 of

Page 3596

this Act, shall be elected at the November general election in 1988 and take office the first day of January, 1989, to serve for initial terms of office of two years each. The chairman and those members of the board first elected from Commissioner Districts 1, 2, and 3, as described in Section 4 of this Act, shall be elected at the November general election in 1988 and take office the first day of January, 1989, to serve for initial terms of office of four years each. (c) After the initial terms of office specified in subsection (b) of this section, all future successors to the chairman and members of the board whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election to serve for terms of office of four years each. A person elected as chairman or other member of the board shall serve for the respective term of office specified therefor in subsection (b) of this section and this subsection and until that person's successor is elected and qualified. Section 5 . Said Act is further amended by striking Section 7 thereof, relating to powers of the chairman, and inserting in its place a new Section 7 to read as follows: Section 7. (a) The chairman of the board shall: (1) Preside at all meetings of the board but shall not vote unless the board is equally divided, in which event the chairman shall vote and that vote shall be counted the same as the vote of any other member of the board; (2) Appoint members and chairmen of all committees of the board; (3) Be recognized as the official head of Barrow County by state, federal, and other authorities for military and ceremonial functions; (4) Veto, approve, or fail to approve resolutions of the board as provided in subsection (b) of this section; and

Page 3597

(5) Be the chief executive officer of Barrow County with authority and responsibility to implement the actions of the board and generally to supervise, direct, control, and provide for the administration of the affairs of Barrow County. (b) Every official act of the board having the force and effect of law shall be by resolution of the board. Any such resolution adopted or approved by the board shall be submitted to the chairman thereof within two calendar days following its adoption or approval. The chairman shall approve or veto the resolution within eight calendar days after adoption or approval, and no resolution shall become effective without the chairman's approval except as provided in this subsection. If the chairman vetoes a resolution, the chairman shall within two business days of such veto return it to the board accompanied by a written statement of the reasons for that veto. If the board shall pass the resolution by a vote of five of its members at the meeting next held after the resolution has been returned with the chairman's veto, it shall become law without the chairman's approval. In the event the chairman does not approve or veto the resolution within the time required, it shall become law without the chairman's approval. The chairman may veto any item or items of any resolution making appropriations; the part or parts of any resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the board over the chairman's veto as provided in this subsection with respect to the passage of a vetoed resolution. (c) A chairman pro tempore, to be selected by the board, shall preside at board meetings in the absence of the chairman, shall have no other powers of the chairman, but shall have the same right to vote while so presiding as any other member. Section 6 . Said Act is further amended by striking Section 8 thereof, relating to vacancies, and inserting in its place a new Section 8 to read as follows: Section 8. (a) In the event of a vacancy in the membership of the board, whether that vacancy is in the office of

Page 3598

chairman or any other member, and that vacancy occurs for any reason other than expiration of term, that vacancy shall be filled as provided in this section: (1) If the unexpired term is six months or less, the remaining members of the board, within 30 days after the occurrence of the vacancy, shall appoint a qualified person to fill the vacancy for the unexpired term and until a successor is elected and qualified; (2) If the vacancy occurs within the first two years of the vacated office and a November general state-wide election will be held within 180 days but not less than 35 days after the occurrence of that vacancy, then the remaining members of the board shall appoint, within 15 days after the vacancy occurs, a successor to fill that vacancy until it is filled for the remaining unexpired term by a person who shall be elected at a special election held upon the same date as that November general election. The election superintendent of Barrow County shall conduct that special election on the same date as that November general election and shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The person elected at such special election to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unexpired term and until a successor is elected and qualified; or (3) If the vacancy occurs at a time other than as provided for in paragraph (1) or (2) of this subsection, then within 15 days after the occurrence of said vacancy, the election superintendent of Barrow County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the unexpired term. That superintendent shall set the date of that special election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The person elected to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unexpired term and until a successor is elected and qualified.

Page 3599

(b) The provisions of Chapter 2 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section. Section 7 . Said Act is further amended by striking Section 13 thereof, relating to board meetings, and inserting in its place a new Section 13 to read as follows: Section 13. The board shall hold at least one session on the second Tuesday in each month at the county site, where the clerk of the board shall keep office. At the request of a majority of the board, the chairman may at any time call an extra session. The commissioners shall have the right to adjourn from day to day until they finish their business. A quorum shall consist of four members of the board in addition to the chairman. An affirmative vote of a majority of the quorum present at any meeting of the board shall be necessary to pass any order or any subject matter. Section 8 . Those provisions of this Act relating to and necessary for the election of the chairman and members of the Board of Commissioners of Barrow county at the November general election of 1988 shall become effective upon the approval of this Act by the Governor or upon its becoming law without that approval; the remaining provisions of this Act shall become effective January 1, 1989. 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 1988 Session of the General Assembly of Georgia a bill to amend the act recreating and establising a Board of Commissioners of Barrow County (Georgia Laws 1976, Page 4033) so as to provide for the number of commissioners of the Governing Body thereof; to provide for commission district descriptions; and for other purposes. LAW OFFICE OF WILLIAM D. HEALAN, JR.

Page 3600

BY: -S- William D. Healan, Jr. WILLIAM D. HEALAN, JR. Attorney for Barrow County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 date: January 13, 1988. /s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 14th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved February 26, 1988. CITY OF ALPHARETTAMUNICIPAL COURT; JUDGE; SELECTION; TERMS; COMPENSATION. No. 828 (House Bill No. 1782). AN ACT To amend An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to change certain provisions relating to qualifications for the office of judge of the municipal court; to provide

Page 3601

that the method of selection, terms of office, and compensation of the municipal judge shall be provided by ordinance; to provide that the qualifications of the municipal judge may be provided by ordinance; to provide procedures for the removal of a municipal judge; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, is amended by striking Section 4.11 in its entirety and inserting in lieu thereof a new Section 4.11 to read as follows: Section 4.11. Judge. (a) The municipal court shall be presided over by a judge. The method of selection and term(s) of such judge shall be provided by ordinance. (b) Compensation of the judge shall be fixed by ordinance. (c) The judge may be removed for cause as provided in Sections 5.17 and 5.18. (d) (1) To be eligible to serve as judge of the municipal court, a person shall: (A) Be a resident of the city; and (B) Be a member of the State Bar of Georgia with a minimum of two years' practice as an attorney. (2) Notwithstanding the provisions of paragraph (1) of this subsection, if no person is qualified to serve as judge or becomes a candidate for election or appointment to the office of judge, the mayor and city council may appoint a person meeting the qualifications of subparagraph (B) of paragraph (1) of this subsection who resides outside of the City of Alpharetta. (3) The provisions of this subsection, relating to the qualifications for the office of judge, may be changed by ordinance.

Page 3602

(e) Before entering on duties of his office, each judge shall take an oath that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.17. Section 2 . Said Act is further amended by striking in its entirety subsection (b) of Section 4.17 and inserting in lieu thereof a new subsection (b) to read as follows: (b) Filling of vacancy. A vacancy in the office of municipal judge shall be filled for the remainder of the unexpired term, if any, as provided by ordinance. Section 3 . Said Act is further amended by striking Section 5.11 in its entirety and inserting in lieu thereof a new Section 5.11 to read as follows: Section 5.11. Election of the mayor and city council. There shall be a municipal general election biennially on the third Tuesday in October. There shall be elected the mayor and three councilmembers at one election and every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first group such that a continuing body is created as provided for in the first election under this charter in Section 7.13. Section 4 . 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. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election within 90 days to fill the balance of the unexpired term of such office; the mayor and city council shall set their own rules governing said election; provided, however, if the office of a councilmember shall become vacant within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term for councilmember. If the office of mayor shall become vacant within 12 months

Page 3603

of the expiration of the term of that office, the mayor pro tem. shall serve the remainder of the term and his position as councilmember shall be filled by appointment by the city council. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Section 5 . Said Act is further amended by striking in its entirety subsection (a) of Section 5.18 and inserting in lieu thereof a new subsection (a) to read as follows: (a) By the vote of four councilmembers after an investigative hearing. In the event an elected officer or the municipal judge is sought to be removed by the action of the city council, such officer or judge 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 or judge sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. 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 1988 Session of the General Assembly of Georgia a Bill to Amend an Act consolidating, creating, revising, and superceding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said City, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to provide that the method of selection, term(s) compensation, and the qualifications of the municipal judge for the city of Alpharetta shall be provided by ordinance. /s/ Jimmy Phillips Mayor City of Alpharetta

Page 3604

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther S. Colbert, who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 12, 1988. /s/ Luther S. Colbert Representative, 23rd District Sworn to and subscribed before me, this 17th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 3, 1988. HART COUNTYBOARD OF COMMISSIONERS; CREATION; REFERENDUM. No. 830 (Senate Bill No. 418). AN ACT To create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the

Page 3605

compensation of the chairman and members of the board; to provide for the powers, duties, and authority of the chairman and members 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 provide for the appointment, removal, and compensation of employees and department heads; to provide for compensation restrictions for persons filling certain offices and positions; to provide for the preparation and submission of budgets; to provide for a system of expenditures of county funds; to provide for audits of county finances and financial records; to provide for the specific repeal of certain local Acts; to provide for other matters relative to the foregoing; to create a new board of commissioners of Hart County to consist of a chairman and four other members; to provide for the qualifications of the chairman and other members; to provide for the election of the members of the board and for their terms of office; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for the filling of vacancies; to provide for commissions and bonds; to provide for meetings of the board; to provide for a clerk of the board; to provide for the powers and duties of the board; to provide for all matters relative to the foregoing; to create a new board of commissioners of Hart County to consist of a chairman, a road commissioner, and three other members; to provide for the qualifications of the chairman, the road commissioner, and other members; to provide for the election of the chairman, the road commissioner, and the other members of the board and for their terms of office; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for the filling of vacancies; to provide for commissions and bonds; to provide for meetings of the board; to provide for a clerk of the board; to provide for the powers and duties of the chairman, the road commissioner, and the other members of the board; to provide for all matters relative to the foregoing; to provide when the provisions of this Act shall become effective; to repeal certain specific local laws; to provide for a referendum at which the voters of Hart County shall be given three choices relating to the composition and selection of the governing authority of Hart County; to provide for a run-off election; to repeal conflicting laws; and for other purposes.

Page 3606

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1 . (a) There is created a board of commissioners of Hart County to consist of five members to be elected as provided in this part. Each candidate for membership on the board shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. (b) For the purpose of electing members of the board of commissioners, Hart County is divided into five commissioner districts as follows: Commissioner District No. 1 Hart County Tract 9902 Those parts of Blocks 101 and 136 outside the corporate limits of Hartwell Blocks 137 through 139, 215, 419, and 420 Tract 9903 That part of Block 124 inside the corporate limits of Hartwell Blocks 125 through 145, 151 through 154, 178 through 180, 182, 204 through 206, 220 through 223, 238 through 245, 249, 255 through 260, 266 through 271, 304, and 305 Commissioner District No. 2 Hart County Tract 9901 Blocks 101 through 144, 401 through 410, 412 through 422, 430, 501 through 512, 516, and 518 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the corporate limits of Hartwell

Page 3607

Blocks 155 through 177, 201 through 203, 224 through 232, 234 through 237, and 250 through 254 Commissioner District No. 3 Hart County Tract 9901 Block Group 6 Tract 9902 That part of Block 101 within the corporate limits of Hartwell Blocks 102 through 135 That part of Block 136 within the corporate limits of Hartwell Blocks 401 through 413 and 415 through 418 Tract 9903 Blocks 146 through 150, 207 through 218, and 272 Commissioner District No. 4 Hart County Tract 9901 Block Group 2 Blocks 301 through 347, 349, 351 through 387, 395, 397 through 399, 411, 423 through 429, 431 through 447, 449, 513 through 515, 517, and 519 through 528 Block Group 7 Tract 9902 Blocks 506 and 507 That part of Block 508 within the corporate limits of Cannon Commissioner District No. 5 Hart County Tract 9901 Blocks 388 through 390, 392 through 394, 396, and 448

Page 3608

Tract 9902 Blocks 201 through 214, 216 through 243, 250, 301, 414, 421 through 446, and 501 through 505 That part of Block 508 outside the corporate limits of Cannon Blocks 509 through 586 Tract 9903 Blocks 246 through 248, 261 through 265, and 301 through 303 (c) 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 Hart 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 . (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner Districts No. 1, 3, and 5. Each such member shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified. (b) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 2 and 4. Each such member shall serve for an initial term of two years and until his successor is elected and qualified.

Page 3609

At the general election in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified. (c) All such elections shall be held and conducted as provided by law for the election of county officers. (d) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. (e) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished. Section 3 . At the first meeting of the board in January of each year, the members of the board shall elect, by majority vote, one of their number as chairman for the ensuing year. In the event the office of the commissioner elected as chairman becomes vacant, the remaining commissioners shall, at the next regular meeting, elect one of their number by majority vote as successor who shall serve as chairman for the remainder of the year. Section 4 . Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The office of county commissioner shall be deemed to be a part-time position. Section 5 . In the event a vacancy occurs in the membership of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting

Page 3610

of special elections. In the event a vacancy occurs in the membership of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of commissioner, as the case may be, for the unexpired term. Section 6 . The members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of Hart County coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of Hart County coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes. Section 7 . The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. Section 8 . The board of commissioners shall employ a clerk (who, at the board's discretion, may also serve as the county manager), a road superintendent, and such other personnel as the board deems necessary. All such personnel shall receive the compensation fixed by the board which shall be paid from county funds. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall

Page 3611

file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The road superintendent shall have such duties and authority as prescribed by the board of commissioners which shall include, but not be limited to, the general supervision of all road and bridge work in Hart County. The chairman of the board of commissioners shall be responsible for supervising and directing the road superintendent in accordance with the policies, resolutions, and ordinances approved by the board. The road superintendent shall meet with the board as it shall direct from time to time and at regular meetings to report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects. The clerk and road superintendent before entering on the discharge of their duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of their duties. The clerk and road superintendent shall hold their offices at the pleasure of the board of commissioners. Section 9 . Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all

Page 3612

matters, the majority of the board members voting shall govern the actions of the board and each member thereof. The chairman shall be authorized to vote on all matters before the board in the same manner as other members of the board. Section 10 . (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners shall preside at the meeting. (b) The chairman of the board of commissioners shall receive a salary of $750.00 per month payable from the funds of Hart County. (c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County. Section 11 . (a) There is created the office of county manager of Hart 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 Hart County. (b) In its discretion, the board of commissioners of Hart 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. (c) The county manager shall be the chief administrative officer of the government of Hart County and shall be charged with carrying out policies adopted by the board or provided by law. 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) Exercise control over all departments or divisions of the county which the board of commissioners or chairman of the board of commissioners has heretofore exercised

Page 3613

or that may hereafter be created, except the road department and except as otherwise provided in this part; (2) Keep the board of commissioners fully advised as to the financial condition and needs of the county; (3) Supervise and direct the official conduct of all appointive county officers and department heads, except as may be otherwise provided in this part; (4) Attend all meetings of the board of commissioners 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 of commissioners; (5) Supervise the performance of all contracts made by any person for work done for Hart County and to supervise and regulate all purchases of materials and supplies for Hart 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; (6) Confer and advise with all other elected or appointed officials of Hart County who are not under the immediate control of the board of commissioners but who receive financial support from the board; (7) 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 (8) Perform such other duties as may be required of him by the board of commissioners including, at the board's discretion, the functions of the county clerk and treasurer. Section 12 . The board of commissioners 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 minutes of the board of commissioners,

Page 3614

shall be conclusive and binding on the county manager. The policies, rules, and regulations so adopted by the board of commissioners shall be carried out, executed, and enforced by the county manager as chief administrative officer of the county, and the board of commissioners 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 the county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the board of commissioners shall be null, void, and of no effect. The following powers are vested in the board of commissioners and reserved for 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 part, involving the expenditure of county funds; (7) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law (including the powers to establish paving, construction, and maintenance priorities from time to time); provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To allow the insolvent lists for the county;

Page 3615

(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 a commissioner or board of commissioners of the county; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner and board of finance of Hart County 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 part; and (17) 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 Hart County. Formal, sealed bids, after the 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 board of commissioners, an emergency exists which will not permit a delay. Section 13 . (a) The county manager shall have authority to appoint and fix the compensation of the appointive officers and employees of Hart 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 part;

Page 3616

(2) The appointment of officers and employees at the department-head level and the compensation fixed by the county manager shall be subject to approval or rejection by a majority of the board of commissioners in each and every case; and (3) The county attorney, county physician, road superintendent, clerk, and county auditor shall be appointed by and shall serve at the pleasure of the board of commissioners and their compensation shall be fixed by the board of commissioners. (b) The board of commissioners, by majority vote, which majority may be the chairman and any two members or may be any three members of the board of commissioners, may remove from office or employment any department head of Hart County. At any time, the county manager may discharge any employee or department head except the road superintendent; 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 board of commissioners or may be any three members of the board of commissioners, grant or reject any appeal for just 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 Hart County and employees under their supervision and control. (d) It is specifically provided that the elective county officers of Hart County shall have the sole authority to appoint the personnel employed within their respective offices, but the board of commissioners, by majority vote, which majority may be the chairman and any two members or may be any three members of the board of commissioners, shall have the authority to approve or reject the salary recommended for each such employee. Section 14 . The board of commissioners shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices.

Page 3617

Section 15 . Except as otherwise provided in Section 13 of this part, the board of commissioners shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions, all employees of the county. Section 16 . The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the commission, within budgetary provisions. Section 17 . The treasurer of Hart County may also serve as the county manager or the clerk. The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds. Section 18 . The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official

Page 3618

organ of Hart County as soon as it is available from the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds. Section 19 . An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety. Part 2 Section 1 . (a) There is created a board of commissioners of Hart County to consist of a chairman and four other members to be elected as provided in this part. Each candidate for membership on the board shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board shall be a resident of Hart County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election. (b) For the purpose of electing members of the board of commissioners, Hart County is divided into four commissioner districts as follows: Commissioner District No. 1 Hart County Tract 9902 Blocks 101, 102, 110, 111, and 118 through 122 That part of Block 136 outside the corporate limits of Hartwell Blocks 137 through 139 and 201 through 205 That part of Block 206 which lies south of the Plantation Transmission Pipeline Blocks 207 through 250, 301, 410, 418 through 420, 434, and 446 Those parts of Blocks 559 and 560 which lie south of the Plantation Transmission Pipeline Blocks 561 through 563

Page 3619

Tract 9903 That part of Block 124 within the corporate limits of Hartwell Blocks 125 through 133, 136 through 148, 220, 239 through 249, 257 through 272, and 301 through 305 Commissioner District No. 2 Hart County Tract 9901 Block Group 6 Tract 9902 Blocks 103 through 109 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the corporate limits of Hartwell Blocks 134, 135, 149 through 180, 182, 201 through 218, 221 through 232, 234 through 238, and 250 through 256 Commissioner District No. 3 Hart County Tract 9901 Block Groups 1 and 2 Blocks 301 through 347, 364, and 401 through 449 Block Group 5 Commissioner District No. 4 Hart County Tract 9901 Blocks 349, 351 through 363, 365 through 390, and 392 through 399 Block Group 7 Tract 9902 Blocks 112 through 117 and 123 through 135

Page 3620

That part of Block 136 within the corporate limits of Hartwell That part of Block 206 which lies north of the Plantation Transmission Pipeline Blocks 401 through 409, 411 through 417, 421 through 433, 435 through 445, and 501 through 558 Those parts of Blocks 559 and 560 which lie north of the Plantation Transmission Pipeline Blocks 564 through 586 (c) 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 Hart 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 . (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner Districts No. 1 and 3. Each such member shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified. (b) At the general election in 1988 and every four years thereafter, the chairman shall be elected to serve for a term of four years and until his successor is elected and qualified.

Page 3621

(c) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 2 and 4. Each such member shall serve for an initial term of two years and until his successor is elected and qualified. At the general election in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified. (d) All such elections shall be held and conducted as provided by law for the election of county officers. (e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. (f) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished. Section 3 . Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman shall be a citizen of this state who has been a resident of Hart County preceding his election and shall hold no other elective public office. Section 4 . In the event a vacancy occurs in the chairmanship or other member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the chairmanship or other member of the board with six months or less remaining before the expiration

Page 3622

of the term of office, the probate judge shall appoint a person qualified for the office of chairman or for commissioner, as the case may be, for the unexpired term. Section 5 . The chairman and other members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes. Section 6 . The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. Section 7 . The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary. All such personnel shall receive the compensation fixed by the full board of commissioners which shall be paid from county funds, which compensation shall not exceed, as to any employee, that of the chairman. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other

Page 3623

papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of his duties. The clerk shall hold the office at the pleasure of the board of commissioners. Section 8 . Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. The chairman shall be authorized to vote on all matters before the board in the same manner as other members of the board. Section 9 . (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners, selected by a majority vote of members present shall preside at the meeting. The chairman of the board of commissioners shall be the road commissioner of Hart County. The road commissioner shall supervise and direct the construction, maintenance, and improvement of all roads and bridges in Hart County and supervise and direct the employees, independent

Page 3624

contractors, and prison laborers assigned to the road department. The road commissioner shall conduct these duties pursuant to the policies, rules, resolutions, and ordinances approved by the full board. The road commissioner shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects. (b) The chairman of the board of commissioners shall receive from the funds of Hart County an annual salary equal to that of the highest paid of the following elected Hart County officers: sheriff, probate judge, tax commissioner, or clerk of the superior court. (c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County. Section 10 . (a) The board of commissioners of Hart County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to the county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the commissioner of roads and bridges and board of finance of Hart County; and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by

Page 3625

whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances. (b) The chairman of the board shall devote his full time to the business and interests of Hart County in the performance and discharge of his duties. Section 11 . The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds. Section 12 . The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds. Section 13 . The board shall have the authority to employ a competent attorney at law as county attorney to advise the

Page 3626

board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and the county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county. Section 14 . An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety. Part 3 Section 1 . (a) There is created a board of commissioners of Hart County to consist of a chairman, a road commissioner, and three other members to be elected as provided in this part. Each candidate for membership on the board, other than the chairman and the road commissioner, shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board or road commissioner shall be a resident of Hart County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election. (b) For the purpose of electing members of the board of commissioners, Hart County is divided into three commissioner districts as follows: Commissioner District No. 1 Hart County Tract 9902 Blocks 101, 102, 110 through 112, and 118 through 122 That part of Block 136 outside the City of Hartwell Blocks 137 through 139 Blocks 201 through 243 and 250 Block 301 Blocks 410, 418 through 421, 432 through 437, and 440 through 446 Blocks 535 through 539

Page 3627

Those parts of Blocks 540 and 541 inside the City of Royston Blocks 543 through 586 Tract 9903 That part of Block 124 inside the City of Hartwell Blocks 125 through 133 and 135 through 148 Blocks 220, 241 through 248, 255, and 259 through 272 Blocks 301 through 305 Commissioner District No. 2 Hart County Tract 9901 Block Group 1 Blocks 401 through 432 Blocks 501 through 517 Tract 9902 Blocks 103 through 109 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the City of Hartwell Blocks 134, 149 through 180, and 182 Block 201 through 218, 221 through 232, 234 through 240, 249 through 254, and 256 through 258 Commissioner District No. 3 Hart County Tract 9901 Block Groups 2 and 3 Blocks 433 through 449 Blocks 518 through 528 Block Groups 6 and 7 Tract 9902 Blocks 113 through 117 and 123 through 135 That part of Block 136 inside the City of Hartwell

Page 3628

Blocks 401 through 409, 411 through 417, 422 through 431, 438, and 439 Blocks 501 through 534 Those parts of Blocks 540 and 541 outside the City of Royston Block 542 (c) 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 Hart 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 . (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner District No. 2. Such member shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such member shall serve for terms of office of four years and until their successors are elected and qualified. (b) At the general election in 1988 and every four years thereafter, the chairman and the road commissioner shall be elected to serve for a term of four years and until their successors are elected and qualified. (c) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 1 and 3. Each such member shall serve for an initial term of two years and until his successor is elected and qualified.

Page 3629

At the general election in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified. (d) All such elections shall be held and conducted as provided by law for the election of county officers. (e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. (f) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished. Section 3 . Members of the board of commissioners, other than the chairman and the road commissioner, shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman and the road commissioner shall be citizens of this state who have been residents of Hart County preceding their election and shall hold no other elective public office. Section 4 . In the event a vacancy occurs in the office of the chairman, the road commissioner, or other member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the office of the chairman, the road commissioner, or other member of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman, for road commissioner, or for commissioner, as the case may be, for the unexpired term.

Page 3630

Section 5 . The chairman, the road commissioner, and other members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes. Section 6 . The board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. Section 7 . The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary; provided, however, that the road commissioner shall have the authority to hire and employ all employees of the road department. All such personnel employed by the chairman shall receive the compensation fixed by the full board of commissioners which shall be paid from county funds, which compensation shall not exceed, as to any employee, that of the chairman. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep

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on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of his duties. The clerk shall hold the office at the pleasure of the board of commissioners. Section 8 . Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. The chairman, the road commissioner, and the other members of the board of commissioners shall each be authorized to vote on all matters before the board of commissioners. Section 9 . (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners, selected by a majority vote of members present shall preside at the meeting. The road commissioner shall supervise and direct the construction, maintenance, and improvement of all roads and bridges in Hart County and supervise and direct the employees, independent contractors, and prison laborers assigned to the road department. The road commissioner shall

Page 3632

conduct these duties pursuant to the policies, rules, resolutions, and ordinances approved by the full board. The road commissioner shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects. (b) The chairman of the board of commissioners and the road commissioner shall each receive from the funds of Hart County an annual salary equal to that of the highest paid of the following elected Hart County officers: sheriff, probate judge, tax commissioner, or clerk of the superior court. (c) The other members of the board shall receive a salary of $450.00 per month payable from the funds of Hart County. Section 10 . (a) The board of commissioners of Hart County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to the county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the commissioner of roads and bridges and board of finance of Hart County; and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances.

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(b) The chairman of the board and the road commissioner shall each devote his full time to the business and interests of Hart County in the performance and discharge of his duties. Section 11 . The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds. Section 12 . The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds. Section 13 . The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and the county attorney shall serve at the pleasure of the board. Whenever it

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is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county. Section 14 . An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety. Part 4 Section 1 . (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hart County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Hart County for approval or rejection. The election superintendent shall conduct that election on April 12, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Hart County. The ballot shall have written or printed thereon the words: () Question No. 1. Shall the governing authority of Hart County be changed to a five-member board of commissioners, elected from districts, and a county manager? () Question No. 2. Shall the governing authority of Hart County be changed to a board of commissioners with a chairman who shall be elected at large from the entire county and also serve as road commissioner, and four other board members elected from districts? () Question No. 3. Shall the governing authority of Hart County be changed to a board of commissioners with a chairman and a road commissioner who shall be elected at large from the entire county and three other members of the board who shall be elected from districts?

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No voter shall vote for more than one of the above questions. If Question No. 1 receives more than one-half of the votes cast in such election, Part 1 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 2 and Part 3 of this Act shall be void and of no force and effect. If Question No. 2 receives more than one-half of the votes cast in such election, Part 2 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 3 of this Act shall be void and of no force and effect. If Question No. 3 receives more than one-half of the votes cast in such election, Part 3 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 2 of this Act shall be void and of no force and effect. Part 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Except as otherwise provided in subsection (b) of this section, if neither Part 1, Part 2, nor Part 3 of this Act is so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Hart County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. (b) If neither Question No. 1, Question No. 2, nor Question No. 3 receives more than one-half of the votes cast in such election, then, unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent shall conduct a run-off election as provided in this subsection for the purpose of submitting the two questions receiving the highest number of votes in such preceding election to the electors of Hart County for approval or rejection. The election superintendent shall conduct that run-off election on the fourteenth day following the holding of the preceding election provided for in this section. The ballot shall have written or printed thereon the two questions

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receiving the highest number of votes in such preceding election in the same manner that such questions were written or printed for such preceding election. No voter shall vote for more than one of the two questions. If Question No. 1 appears on such run-off ballot and receives more than one-half of the votes cast in such run-off election, Part 1 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 2 and Part 3 of this Act shall be void and of no force and effect. If Question No. 2 appears on such run-off ballot and receives more than one-half of the votes cast in such run-off election, Part 2 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 3 of this Act shall be void and of no force and effect. If Question No. 3 appears on such run-off ballot and receives more than one-half of the votes cast in such run-off election, Part 3 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 2 of this Act shall be void and of no force and effect. Part 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. If neither Part 1, Part 2, nor Part 3 of this Act is so approved or if the run-off election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such run-off election shall be borne by Hart County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Part 5 Section 1 . 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 1988 session of the General Assembly of Georgia, a local

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bill to provide for a new form of government for Hart County, Georgia, with a referendum approving the form; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1987. C. Donald Johnson, Jr. Senator, 47th District Billy Milford Representative, District 13, Post 2 Louie M. Clark Representative, District 13, Post 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Donald Johnson, who, on oath, deposes and says that he is Senator from the 47th 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 date: December 30, 1987. /s/ C. Donald Johnson, Jr. Senator, 47th District Sworn to and subscribed before me, this 11th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 4, 1988.

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CITY OF CENTERVILLECORPORATE LIMITS. No. 831 (House Bill No. 1838). AN ACT To amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3702), so as to define 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 Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3702), 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 corporate limits of said municipality shall extend over that territory embraced within the following description: (1) Beginning at a point where the northerly boundary of Watson Boulevard (SR 247 Connector) intersects with the westerly line of land lot 114 of the fifth land district of Houston County; thence in a northerly direction along the westerly line of land lots 114, 113 and 112 of said district to a point where the westerly boundary of Houston Lake Boulevard intersects therewith; thence continuing in a generally northerly direction along the westerly boundary of Houston Lake Boulevard to a point where the northerly boundary of Gunn property intersects therewith; thence in a westerly direction along the northerly boundary of said Gunn property for 1600 feet to a point; thence in a northerly direction along a line parallel to Houston Lake Boulevard to a point 1000 feet northerly of the northerly boundary of Thomson Street; thence in an easterly direction along a line parallel with Thomson Street for approximately 100 feet to a point on the westerly

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boundary of Edgar Noble property; thence N 00 degrees 09 minutes 43 seconds E for approximately 38 feet to a point; thence N 80 degrees 31 minutes 56 seconds E for 50.71 feet to a point; thence N 00 degrees 09 minutes 43 seconds E for 841.45 feet to a point being the northwesterly corner of said Nobles property; thence S 89 degrees 41 minutes 54 seconds E for 334.09 feet to a point; thence S 01 degrees 09 minutes 36 seconds W for 294.19 feet to a point; thence S 89 degrees 43 minutes 53 seconds E for 427.49 feet to a point; thence N 00 degrees 36 minutes 30 seconds E for 630 feet to a point; thence S 89 degrees 23 minutes 30 seconds E for 695.6 feet to a point on the westerly boundary of Houston Lake Boulevard, said point being the northeasterly corner of said Nobles property; thence in a northerly direction along the westerly boundary of said street to a point where the westerly extension of the northerly boundary of Collins Avenue intersects therewith; thence in an easterly direction along the said extension of the northerly boundary of Collins Avenue to a point on the easterly boundary of Houston Lake Boulevard; thence in a southerly direction along the easterly boundary of said street to the northwest corner of Lot 5, Pike Estates Subdivision; thence N 89 degrees 39 minutes 30 seconds E for 440 feet to a point; thence N 00 degrees 36 minutes 30 seconds E for 37 feet, more or less, to a point on the southerly boundary of Brantley Drive; thence in a generally southeasterly direction along the southwesterly boundary of said street for 254.7 feet to a point; thence S 25 degrees 28 minutes W for 459 feet, more or less, to a point on the easterly boundary of Lot 3, Pike Estates Subdivision; thence N 00 degrees 36 minutes 30 seconds E along the easterly boundary of Lots 3 and 3A of said subdivision to the northeasterly corner of said Lot 3A; thence S 89 degrees 39 minutes 30 seconds W along the northerly boundary of said Lot 3A for 440 feet to a point on the easterly boundary of Houston Lake Boulevard; thence S 00 degrees 36 minutes 30 seconds W along the easterly boundary of said street for 600 feet to a point; thence N 89 degrees 39 minutes 30 seconds E for 648.74 feet to a point; thence N 00 degrees 36 minutes 30 seconds E for 214 feet to a point; thence N 25 degrees 28 minutes E for 596 feet to a point on the southwesterly boundary of

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Brantley Drive; thence in a generally southeasterly direction along the southwesterly boundary of said street for 526.88 feet to a point; thence S 28 degrees 40 minutes 30 seconds W for 401 feet, more or less, to a point on the north line of land lot 112; thence in an easterly direction along the northerly line of land lot 112 to a point where the westerly boundary of Collins Avenue intersects therewith; thence in a generally northerly direction along the westerly boundary of said street to a point where the westerly extension of the southerly boundary of Crestwood Road intersects therewith; thence in an easterly direction along the extension of said road to the easterly boundary of Collins Avenue; thence continuing in an easterly direction along the southerly boundary of Crestwood Road for 293.35 feet to a point; thence S 06 degrees 43 minutes W for 131.85 feet to a point; thence along an arc, having a radius of 115 feet, to the left for 194.35 feet to a point; thence N 89 degrees 53 minutes E for 26.0 feet to a point; thence N 03 degrees 21 minutes E for 129.7 feet to a point being the southwesterly corner of Lot 2, Block `C' of Section No. 1, Crestwood Estates Subdivision; thence N 89 degrees 35 minutes E for 345.0 feet to a point; thence N 76 degrees 00 minutes E for 115.0 feet to a point; thence N 60 degrees 48 minutes E for 242.0 feet to a point; thence N 84 degrees 30 minutes E for 102.0 feet to a point; thence S 88 degrees 14 minutes 30 seconds E for 271.5 feet to a point; thence N 02 degrees 22 minutes E for 175 feet to a point on the southerly boundary of Crestwood Road; thence N 88 degrees 14 minutes 30 seconds W along the southerly boundary of said road for 120.0 feet; thence N 02 degrees 22 minutes E for 225.1 feet to a point, said point being the northwest corner of Lot 12, Block `A', Extension No. 1, Browndale Estates Subdivision and on the easterly boundary of Bauman Drive; thence S 88 degrees 14 minutes E for 1397 feet, more or less, to a point where the easterly line of land lot 124 intersects therewith; thence N 0 degrees 45 minutes 30 seconds E along the easterly line of land lot 124 for 459.5 feet to a point being the northeast corner of Lot 1, Block `B,' Extension No. 1, Browndale Estates Subdivision; thence N 89 degrees 08 minutes W for 789.6 feet to a point; thence N 0 degrees 03 minutes E for 1526.8 feet to a point; thence due west

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for 630 feet to a point; thence N 01 degrees 40 minutes E for 403 feet to a point; thence N 02 degrees 43 minutes E for 94.6 feet to a point; thence N 03 degrees 00 minutes W for 221.4 feet to a point; thence S 89 degrees 19 minutes E for 2410.5 feet to a point; thence S 88 degrees 58 minutes E to a point where the westerly boundary of Scarborough Road intersects therewith; thence in a northerly direction along westerly boundary of said road for 692 feet, more or less, to the northeasterly corner of Lot 1, Block E, Section No. 3, Westover Hills Subdivision; thence N 89 degrees 41 minutes E to a point where the westerly boundary of Carl Vinson Parkway intersects therewith; thence in a southerly direction along the westerly boundary of said road to a point where said road begins to curve to the right; thence continuing S 0 degrees 53 minutes W to a point where the southerly boundary of Elberta Road intersects therewith; thence in a westerly direction along the southerly boundary of Elberta Road to a point being 125 feet easterly of the easterly boundary of Archdale Drive; thence S 01 degrees 20 minutes E for 490 feet to a point; thence S 88 degrees 40 minutes W for 125 feet to a point on the easterly boundary of Archdale Drive; thence S 01 degrees 20 minutes E along the easterly boundary of said road for 100 feet to a point where the northerly boundary of Mason Drive intersects therewith; thence N 88 degrees 30 minutes E for 25 feet to a point; thence S 01 degrees 30 minutes E for 350 feet to a point; thence S 88 degrees 30 minutes W for 100 feet to a point; thence N 01 degrees 30 minutes W for 350 feet to a point on the northerly boundary of Mason Drive; thence N 88 degrees 30 minutes E along the northerly boundary of said road to a point where the westerly boundary of Archdale Drive intersects therewith; thence N 01 degrees 30 minutes W along the westerly boundary of said Archdale Drive for 589.6 feet to a point on the southerly boundary of Elberta Road; thence in a westerly direction along the southerly boundary of said Elberta Road for 200.45 feet to a point; thence S 01 degrees 30 minutes E for 279.55 feet to a point; thence S 88 degrees 30 minutes W for 250 feet to a point; thence N 01 degrees 30 minutes W for 204.6 feet to a point on the southerly boundary of Elberta Road; thence in a generally westerly direction along the southerly boundary

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of said Elberta Road to a point where the southeasterly boundary of Carl Vinson Parkway intersects therewith; thence in a generally southwesterly direction along the southeasterly boundary of Carl Vinson Parkway to a point where the southeasterly extension of the southwesterly boundary of the southwesterly ramp of Elberta Road intersects therewith; thence in a generally northwesterly direction along the said ramp boundary to a point where said ramp boundary intersects with the southerly boundary of Elberta Road; thence in a generally westerly direction along the southerly boundary of said road to a point 1064.04 feet easterly of the intersection of the southerly boundary of said road and the easterly boundary of Collins Avenue; thence S 00 degrees 33 minutes 20 seconds W for 450.55 feet to a point; thence S 89 degrees 30 minutes W for 369.9 feet to a point 700 feet easterly of the easterly boundary of Collins Avenue; thence in a southerly direction parallel with the easterly boundary of Collins Avenue to a point on the northerly boundary of Lot 9, Block `A,' Ashlund Ridge Subdivision; thence N 89 degrees 26 minutes 10 seconds E for 56.97 feet to a point being northeast corner of said lot; thence S 0 degrees 33 minutes 50 seconds E for 936.52 feet to a point being the southeasterly corner of Lot 10, Block `C' of said subdivision; thence in a westerly direction to a point being the northeasterly corner of Lot 9, Section No. 2, Day Heights; thence in a southerly direction to a point being the southeasterly corner of Lot 8, Section No. 1, Day Heights; thence continuing in a southerly direction along the easterly boundary of Tower, Inc. property to a point 628.1 feet northerly of the northerly boundary of Watson Boulevard (S.R. No. 247 Connector); thence S 89 degrees 50 minutes E for 105 feet to a point; thence due south for 418.1 feet to a point; thence N 89 degrees 50 minutes W for 105 feet to a point; thence due south for 210 feet to a point on the northerly boundary of Watson Boulevard (S.R. No. 247 Connector); thence in a westerly direction along the northerly boundary of said street to a point being the point of beginning. (2) Also included within the corporate limits of said city are the following described tracts of land: (A) That portion of Collins Avenue beginning at the easterly boundary of Houston Lake Boulevard

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and extending in a generally easterly and then southerly direction to a line being the westerly extension of the southerly boundary of Crestwood Road; (B) That portion of Surrey Drive beginning at the northerly boundary of Collins Avenue and extending in a northerly direction to a line being an easterly extension of the City of Centerville water tank property; (C) That portion of Crestwood Road beginning at the easterly boundary of Collins Avenue and extending in an easterly direction to the easterly boundary of Bauman Drive; (D) Beginning at a point on the westerly boundary of Surrey Drive 902.69 feet northerly of the northerly boundary of boundary of Collins Avenue; thence S 89 degrees 00 minutes W for 150 feet to a point; thence N 0 degrees 51 minutes 20 seconds E for 200 feet to a point; thence N 89 degrees 00 minutes E for 150 feet to a point on the westerly boundary of Surrey Drive; thence S 0 degrees 51 minutes 20 seconds W along the westerly boundary of said street for 200 feet to the point of beginning. (3) Provided, however, that there is excepted and excluded from the territory within the corporate limits of said city the following described areas, to wit: (A) Beginning at a point where the northerly boundary of Elberta Road intersects with the easterly boundary of Collins Avenue; thence in a northerly direction along the easterly boundary of said Collins Avenue for 2038 feet to a point being the northwesterly corner of Bobby Singleton property; thence N 89 degrees 04 minutes 30 seconds E for 210.0 feet to a point; thence S 57 degrees 39 minutes 00 seconds E for 236.74 feet to a point; thence N 0 degrees 01 minutes 30 seconds W for 84.9 feet to a point; thence N 89 degrees 04 minutes 30 seconds E for 976.87 feet to a point; thence S 02 degrees 22 minutes W for 210.22 feet to a point; thence N 89 degrees 04 minutes 30 seconds E for 901.11 feet to a point; thence

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S 0 degrees 45 minutes W for 1460.04 feet to a point on the northerly boundary of Elberta Road; thence in a generally westerly direction along the northerly boundary of Elberta Road to the point of beginning; (B) Beginning at the northeasterly corner of William A. Simmons property, said point being on the original westerly boundary of Houston Lake Boulevard and located in land lot 98 of the fifth land district of Houston County; thence in a southerly direction along the westerly boundary of Houston Lake Boulevard for 210 feet to a point; thence N 89 degrees 42 minutes 02 seconds W for 420.54 feet to a point; thence N 00 degrees 19 minutes 03 seconds E for 210 feet to a point; thence S 89 degrees 42 minutes 02 seconds E for 420.54 feet 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 in the 1988 session of the General Assembly of Georgia a bill to amend the charter of the City of Centerville so as to extend the corporate limits; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1988. Ted Waddle, Representative of the 113th District 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, Intention To Introduce Local Legislation was published in The Houston Home Journal on the following dates: February 3, 1988 This 9th day of February, 1988. /s/ Jim Kerce/td Publisher, Houston Home Journal Perry, Georgia

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Sworn to and subscribed before me this 9th day Of February, 1988. /s/ Tammy Draper Notary Public, Georgia State at Large My Commission Expires Oct 8, 1988 (SEAL) Approved March 9, 1988. TOWN OF ALSTONCORPORATE LIMITS. No. 832 (House Bill No. 1466). AN ACT To amend an Act incorporating the Town of Alston, approved August 3, 1910 (Ga. L. 1910, p. 359), as amended by an Act approved August 18, 1913 (Ga. L. 1913, p. 484), so as to extend the corporate limits of the town; to provide for matters relating thereto; 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 Alston, approved August 3, 1910 (Ga. L. 1910, p. 359), as amended by an Act approved August 18, 1913 (Ga. L. 1913, p. 484), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. The corporate limits of the Town of Alston shall extend one mile in all directions from an iron pin set at a point located where the center line of the right-of-way of the Georgia and Florida Railroad intersects the center line of the right-of-way of State Route 135, except that no portion of said city limits shall extend into Toombs County.

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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 a bill will be introduced at the regular 1988 session of the General Assembly of Georgia to amend an act incorporating the Town of Alston, approved August 3, 1910 (Ga. Laws 1910, p. 359), as amended by an act approved August 18, 1913 (Ga. Laws 1913, p. 484), so as to extend the corporate limits of the town, to provide for matters relating thereto; and for other purposes. Edwin McBride Mayor, Town of Alston GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Ida Phillips, who, on oath, deposes and says that she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following date: December 16, 1987. /s/ Mary Ida Phillips Representative, 120th District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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DOWNTOWN MARIETTA DEVELOPMENT AUTHORITYPIGEON CONTROL PROGRAM. No. 833 (House Bill No. 1510). 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 that the Authority shall undertake a program for the control of pigeons within the Downtown Marietta District; 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 the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, is amended by adding between Sections 5 and 6 a new Section 5A to read as follows: Section 5A. The Authority shall have the duty to provide within the Downtown Marietta District a program of pigeon control. This program shall be designed and operated so as to prevent pigeons from perching, roosting, or nesting in certain overhead areas or positions within the Downtown Marietta District. The overhead areas and positions to be subject to such control program shall be those areas and positions wherein perching, roosting, or nesting pigeons will inconvenience pedestrian or vehicular traffic below or will otherwise impair the Authority's purpose of redevelopment of the Downtown Marietta District. The Authority may utilize any otherwise available funds for this pigeon control program and, if necessary, shall exercise its powers of taxation to raise sufficient revenues for such program. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgi a bill to amned an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (GA. L1971, p. 3459), as amended; and for other purposes. Rep. Joe Mack Wilson GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson, who, on oath, deposes and says that he 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 date: January 8, 1988. /s/ Joe Mack Wilson Representative, 20th District Sworn to and subscribed before me, this 26th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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CHATHAM COUNTYBOARD OF COMMISSIONERS; MEETINGS; AGENDAS; BUDGET REQUESTS. No. 834 (House Bill No. 1532). AN ACT To amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended by an Act approved April 17, 1987 (Ga. L. 1987, p. 5484), so as to change the provisions relative to the agenda for meetings of the board of commissioners; to provide for the submission of annual budget requests by the constitutional officers of the county directly to the board of commissioners; 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 completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended by an Act approved April 17, 1987 (Ga. L. 1987, p. 5484), is amended by striking subsection (c) of Section 9 of said Act in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Items which are to be placed on the agenda at a regular meeting of the board of commissioners will be submitted to the clerk of the board of commissioners by noon, three days prior to the regularly scheduled meeting. The proposed agenda will be submitted by the clerk to the chairman by not later than 5:00 P.M. three days prior to the regularly scheduled meeting for the chairman's approval. The approved agenda will be delivered to all members of the board of commissioners not later than 4:00 P.M., two days prior to the

Page 3650

meeting. At the meeting of the board of commissioners, any member may make a motion to add any item to the agenda and if there is a second to that motion, the board of commissioners may consider, discuss, debate, table, or take final action. As a point of personal privilege, any member of the board of the commissioners may discuss any item which is not on the agenda at a regular meeting, but the length of time of any such discussion by a member of the board of commissioners referred to as personal privilege shall be set by a majority of the members of the board of commissioners present. Section 2 . Said Act is further amended by striking subsection (e) of Section 18 of said Act in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) The constitutional officers of Chatham County may prepare their respective annual budget requests independently and submit them directly to the Chatham County Board of Commissioners. Any budget requests submitted by the constitutional officers directly to the Chatham County Board of Commissioners shall be submitted to the board of commissioners at the same time that all departmental budget requests are submitted to the budget officer of Chatham County and such annual budget requests of the constitutional officers may be reviewed by the members of the Chatham County Board of Commissioners before said budget requests are forwarded to the budget officer for inclusion in the budget review process and final proposed budget to be prepared by the county staff of the Chatham County Board of Commissioners. For the purposes of this subsection, the annual budget request of a constitutional officer shall include the operating, capital, and capital improvement program budgets for the department or agency of the constitutional officer. As used in this subsection, `constitutional officer' means the sheriff, clerk of superior court, judge of the probate court, and tax commissioner of Chatham County. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

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STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 20, 1988, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, approved March 29, 1984 (Ga. L. 1984, p. 5050); and for other purposes. This 18th day of January, 1988. CHATHAM COUNTY, GEORGIA By: CHARLES W. BARROW Chatham County Attorney appeared in each of said editions. /s/ Gene Stewart (Deponent)

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Sworn to and subscribed before me this 21 day of Jan., 1988. /s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989 (SEAL) Approved March 10, 1988. ROCKDALE COUNTYBOARD OF EDUCATION; COMPENSATION. No. 835 (House Bill No. 1555). AN ACT To provide for the compensation of the members and chairman of the Board of Education of Rockdale County; to provide for related matters; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) Each member, including the chairman, of the Board of Education of Rockdale County may receive as compensation for serving on such board a per diem of $75.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state on official board business authorized by a majority of the board. The compensation provided for in this subsection shall be paid from the funds of the Rockdale County school system. (b) In addition to the compensation provided for in subsection (a) of this section, each member and the chairman of the board of education shall be reimbursed for actual expenses necessarily incurred in connection with travel on official business

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outside Rockdale County which has been authorized by a majority of the board. 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 1988 session of the General Assembly of Georgia a bill to provide for the compensation of the members and chairman of the Board of Education of Rockdale County; and for other purposes. This 18th day of January, 1988. Troy A. Athon 57/1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 21, 1988. /s/ Troy A. Athon Representative, 57th District Sworn to and subscribed before me, this 29th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

Page 3654

MITCHELL COUNTYSTATE COURT; JUDGE AND SOLICITOR; COMPENSATION. No. 836 (House Bill 1551). AN ACT To amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, so as to change the provisions relating to the compensation of the Judge and Solicitor of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Mitchell County (formerly the City Court of Camilla), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. Compensation of Judge and Solicitor. (a) The Judge of the State Court of Mitchell County shall receive an annual salary of $13,500.00 to be paid in equal monthly installments from County funds. (b) The Solicitor of the State Court of Mitchell County shall receive an annual salary of $11,500.00 to be paid in equal monthly installments from County funds. The Solicitor shall also be entitled to a secretarial allowance of $140.00 per month and reimbursement for the actual cost of postage and supplies 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is hereby given that there will be introduced at the 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Mitchell County (formerly the City Court of Camilla) approved August 17, 1905, as amended; and for other purposes. Dated this 20th day of January, 1988. Ralph Collins, Chairman Board of Commissioners Mitchell County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 22, 1988. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 27th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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CITY OF BYRONREDEVELOPMENT POWERS; REFERENDUM. No. 837 (House Bill No. 1569). AN ACT To amend an Act establishing the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to authorize the City of Byron to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, is amended by adding immediately following Section 56 a new Section 56A to read as follows: Section 56A. The city shall have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, provided for by Chapter 44 of Title 36 of the O.C.G.A. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Byron shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Byron for approval or rejection. The election superintendent

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shall conduct that election on the date of the first Wednesday in April of 1988, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 Peach County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which authorizes the City of Byron to have and to exercise all redevelopment and other powers authorized or granted municipalities persuant to the `Redevelopment Powers Law,' as now or hereafter amended? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Byron. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective only under the terms and conditions specified in Section 2 of this Act. 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 1988 session of the General Assembly of Georgia a bill to amend

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an Act establishing the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to authorize the City of Byron to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; and for other purposes. This 25th day of January, 1988. Robert F. Ray, Representative District 98 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 Legilsation was published in the Leader-Tribune which is the official organ of Peach County, on the following date: January 27, 1988. /s/ Robert F. Ray Representative, 98th District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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ROCKDALE COUNTYHOMESTEAD EXEMPTION; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 838 (House Bill No. 1556). AN ACT To increase the amount of the homestead exemption from Rockdale County ad valorem taxes and Rockdale County School District ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Rockdale County actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for conditions for the granting of such exemption; to provide for a referendum; 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 VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . (a) The homestead of each resident of Rockdale County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Rockdale County ad valorem taxes and Rockdale County School District ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness of the county or the county school district, subject to the limits and conditions contained in this section and elsewhere in this Act. The exemption granted by this section shall not exceed the following amounts of the assessed value of the homestead for the tax years beginning in the following dates:

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Tax Years Beginning Maximum amount of exemption (1) January 1, 1989 $ 5,000.00 (2) January 1, 1990 6,000.00 (3) January 1, 1991 7,000.00 (4) January 1, 1992 8,000.00 (5) January 1, 1993 9,000.00 (6) January 1, 1994 10,000.00 (7) January 1, 1995 11,000.00 (8) January 1, 1996 12,000.00 (9) January 1, 1997 13,000.00 (10) January 1, 1998 14,000.00 (11) January 1, 1999, and thereafter 15,000.00 (b) The exemption granted by subsection (a) of this section shall be in lieu of and not in addition to any exemption from Rockdale County ad valorem taxes and Rockdale County School District ad valorem taxes which is lower in amount for any taxable year and which is granted by the provisions of the Constitution and laws of this state. If the amount of any other exemption applicable to any resident is greater than or is increased to an amount greater than the amount of the exemption granted by subsection (a) of this section, then such exemption shall apply rather than the exemption granted by subsection (a) of this section. (c) The exemption granted by subsection (a) of this section shall not apply to or affect any taxes levied to pay interest on or retire bonded indebtedness, state taxes, or municipal taxes. (d) The value of any homestead in excess of the amount exempted by subsection (a) of this section shall remain subject to taxation. Section 3 . Any person who as of January 1, 1989, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such

Page 3661

person becomes ineligible for the exemption granted by this Act. Section 4 . The exemptions granted by Section 2 of this Act shall not become effective and shall not apply unless (1) this Act is approved in the referendum provided for in Section 5 of this Act and (2) the board of commissioners of Rockdale County adopt the constitutional freeport exemption authorized by Article VII, Section II, Paragraph III(a) of the Constitution of the State of Georgia and such freeport exemption is approved by a majority of the qualified electors of Rockdale County voting in a referendum election thereon held on the same date as the referendum election provided for in Section 5 of this Act. If the board of commissioners fails to approve such freeport exemption or if a referendum on such freeport exemption is not held on the same date as the referendum election provided for in Section 5 of this Act or if the qualified electors of Rockdale County fail to approve of such freeport exemption in such referendum, the exemptions granted by Section 2 of this Act shall not become effective and this Act shall be repealed on January 1, 1989. Section 5 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Rockdale County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Rockdale County for approval or rejection. The election superintendent shall conduct the referendum election not later than the 1988 general election and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of such referendum 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 Rockdale County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases the amount of the homestead exemption from Rockdale County ad valorem taxes and Rockdale County School District ad valorem taxes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of

Page 3662

the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act and the conditions imposed by Section 4 of this Act are met, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section or if the conditions imposed by Section 4 of this Act are not met, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Rockdale County. It shall be the superintendent's 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. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to change the homestead exemption from Rockdale County ad valorem taxes and Rockdale County School District ad valorem taxes and to provide for matters relative thereto; and for other purposes. This 18th day of January, 1988. Troy A. Athon 57/1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy A. Athon, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legilsation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: January 21, 1988. /s/ Troy A. Athon Representative, 57th District

Page 3663

Sworn to and subscribed before me, this 29th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. RABUN COUNTYCORONER; COMPENSATION. No. 839 (House Bill No. 1574). AN ACT To amend an Act placing the Coroner of Rabun County on a monthly salary, approved April 13, 1973 (Ga. L. 1973, p. 2704), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the Coroner of Rabun County on a monthly salary, approved April 13, 1973 (Ga. L. 1973, p. 2704), is amended by striking from Section 1 the following: $100.00, and inserting in lieu thereof the following: $250.00, so that when so amended Section 1 shall read as follows: Section 1. The Coroner of Rabun County is hereby placed upon a salary of $250.00 per month in lieu of the

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fee system of compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments and perquisites of whatever kind formerly allowed the Coroner of Rabun County for his services as such. Said salary shall be paid 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 such 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 given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a bill to amend the Act placing the Coroner of Rabun County upon a monthly salary; in order to provide for an increase in salary for the Coroner of Rabun County; and for other purposes. This 28th day of January, 1988. Richard A. Godfrey, Chairman Rabun County Board of Commissioners 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 date: January 28, 1988. /s/ Ralph Twiggs Representative, 4th District

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Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. DEKALB COUNTYSTATE COURT; JUDGES; COMPENSATION. No. 840 (House Bill No. 1584). 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 provide for the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is amended by striking Section 13A thereof in its entirety and inserting in lieu thereof a new Section 13A to read as follows: Section 13A. The judges of the State Court of DeKalb County shall have the same powers, jurisdiction, duties, qualifications, and dignity and shall receive, as their annual compensation, 90 percent of the total compensation received by each of the superior court judges of the Stone Mountain Judicial Circuit in each such year, payable monthly out of the county treasury.

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Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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, approved February 14, 1951, (Ga. L. 1951, P. 2401), creating the Civil Court of DeKalb County, and Acts amendatory thereof, and as amended (being the State Court of DeKalb County), to provide for the procedure, salaries of Judges of said Court and for other purposes. Judge Jack B. Smith State Court of DeKalb County Judge Anne Workman State Court of DeKalb County Judge Mathew Robins State Court of DeKalb County Judge Linda Warren Hunter State Court of DeKalb County Judge Jack M. McLaughlin State Court of DeKalb County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, 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 date: January 21, 1988. /s/ M. M. Oliver Representative, 53rd District

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Sworn to and subscribed before me, this 27th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. CITY OF DACULAHOMESTEAD EXEMPTION; REFERENDUM. No. 841 (House Bill No. 1652). AN ACT To provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the City of Dacula actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for an exception; to provide for practices and procedures connected with such exemption; to provide for a referendum; 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 VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . The homestead of each resident of the City of Dacula actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily

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as such, is exempted from municipal ad valorem taxes, subject to the following limits: (1) The exemption granted by this section shall be in the amount of $5,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1989, and for the tax year beginning January 1, 1990; and (2) The exemption granted by this section shall be in the amount of $7,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1991, and for all tax years thereafter. Section 3 . The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or county taxes. Section 4 . The governing authority of the City of Dacula shall provide application forms for the homestead exemption provided for by this Act and may require such information and documentation as may be reasonably necessary to determine the eligibility of an applicant for such homestead exemption. The exemption granted by Section 2 of this Act shall be claimed and returned as provided in O.C.G.A. Section 48-5-50.1. It shall be the duty of any person to notify the governing authority of the City of Dacula or its designee in the event such person becomes ineligible for the exemption granted by this Act. Section 5 . The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation. Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Dacula shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Dacula for approval or rejection. The election superintendent shall conduct that election on the date of the municipal general election in December, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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

Page 3669

organ of Gwinnett County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption from City of Dacula ad valorem taxes, except taxes to retire bonded indebtedness, in the amount of $5,000.00 for tax years beginning January 1, 1989, and January 1, 1990, which increases to $7,000.00 for tax years beginning on and after January 1, 1991? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Dacula. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to provide for a homestead exemption from all City of Dacula ad valorem taxes which exemption shall apply to the homestead of each resident of the City of Dacula actually occupied by the owner as a residence and homestead; and for other purposes. This 1st day of FEB., 1988. /s/ Vinson Wall Rep. Vinson Wall District 61

Page 3670

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall, who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 5, 1988. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. CITY OF LAWRENCEVILLEHOMESTEAD EXEMPTION; REFERENDUM. No. 842 (House Bill No. 1653). AN ACT To provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the City of Lawrenceville actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for an exception; to provide for practices and procedures connected with such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Page 3671

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . The homestead of each resident of the City of Lawrenceville actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from municipal ad valorem taxes, subject to the following limits: (1) The exemption granted by this section shall be in the amount of $5,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1989, and for the tax year beginning January 1, 1990; and (2) The exemption granted by this section shall be in the amount of $7,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1991, and for all tax years thereafter. Section 3 . The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or county taxes. Section 4 . The governing authority of the City of Lawrenceville shal provide application forms for the homestead exemption provided for by this Act and may require such information and documentation as may be reasonably necessary to determine the eligibility of an applicant for such homestead exemption. The exemption granted by Section 2 of this Act shall be claimed and returned as provided in O.C.G.A. Section 48-5-50.1. It shall be the duty of any person to notify the governing authority of the City of Lawrenceville or its designee in the event such person becomes ineligible for the exemption granted by this Act. Section 5 . The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation.

Page 3672

Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Lawrenceville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Lawrenceville for approval or rejection. The election superintendent shall conduct that election on the date of the municipal general election in November, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Gwinnett County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption from City of Lawrenceville ad valorem taxes, except taxes to retire bonded indebtedness, in the amount of $5,000.00 for tax years beginning January 1, 1989, and January 1, 1990, which increases to $7,000.00 for tax years beginning on and after January 1, 1991? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Lawrenceville. It shall be the superintendent's 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

Page 3673

Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide for a homestead exemption from all City of Lawrenceville ad valorem taxes which exemption shall apply to the homestead of each resident of the City of Lawrenceville actually occupied by the owner as a residence and homestead; and for other purposes. This 1st day of FEB., 1988. /s/ Vinson Wall Rep. Vinson Wall District 61 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall, who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 5, 1988. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

Page 3674

BARROW COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; RESIDENTS 62 OR OLDER; REFERENDUM. No. 843 (House Bill No. 1654). AN ACT To provide that each resident of the Barrow 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 $15,000.00 per annum shall be granted an exemption from all Barrow County School District taxes not exceeding $15,000.00 of the assessed value of such person's homestead owned and occupied by such person as a residence; to provide for practice and procedures in connection with such exemption; to provide for affidavits and forms; to provide for applicability; 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 homestead of each resident of the Barrow County School District who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $15,000.00 per annum shall be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of the Barrow County School District, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Barrow County giving his or her age, the amount of income which such owner received for the immediately preceding calendar year, the income which the members of the owner's family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this section shall extend to and shall apply to those properties, the legal

Page 3675

title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders possess the qualifications provided for in this section. In such instances, such exemptions shall also extend to those homesteads, the title which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que residing on such property shall possess the qualifications provided for in this section and shall claim the exemption granted by this section in the manner provided in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1988. Section 2 . The exemption granted by Section 1 of this Act shall not exceed $15,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1989. Section 3 . The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the $8,000.00 exemption from county school district ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 1 of this Act. Section 4 . The value of any homestead in excess of the amount exempted by Section 1 of this Act shall remain subject to county school district ad valorem taxation. Section 5 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Barrow County shall hold and conduct an election for the purpose of submitting this Act to the electors of the Barrow County School District for approval or rejection. In no event shall the referendum be held after December 31, 1988. The election superintendent shall issue the call for such election not less than 30 nor more than 60 days prior to the date of such election. 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 Barrow County. The ballot shall have written or printed thereon the words:

Page 3676

() YES () NO Shall the Act be approved which provides that the homestead of each resident of the Barrow 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 $15,000.00 per annum shall be granted an exemption from all Barrow County School District taxes not exceeding $15,000.00 of the assessed value of such person's homestead owned and occupied by such person as a residence? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Barrow County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to provide that certain property in the homestead of each resident of Barrow County who is 62 years of age or older, and who has less than $15,000.00 per year of income shall be exempt, with certain restrictions, from Barrow County School District ad valorem taxation, and for other purposes.

Page 3677

This 1st. day of February 1988. Honorable John O. Mobley, Jr. Representative, 64th. District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John O. Mobley, Jr., 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 date: February 3, 1988. /s/ John O. Mobley, Jr. Representative, 64th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. CHEROKEE COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 844 (House Bill No. 1659). AN ACT To provide that each resident of the Cherokee 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 $16,000.00 per annum

Page 3678

shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence; to repeal an amendment to the Constitution of the State of Georgia providing that each resident of the Cherokee 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 an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence (Resolution Act No. 44; House Resolution No. 284-998; Ga. L. 1979, p. 1852); to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The homestead of each resident of the Cherokee County School District who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $16,000.00 per annum shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Cherokee County giving the owner's age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this Act as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead by this Act shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this Act. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this Act by one or more of the owners actually residing in such property. Such exemptions shall also

Page 3679

extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this Act and shall claim the exemptions granted by this Act in the manner provided in this Act. The exemption provided for in this Act shall apply to all taxable years beginning after December 31, 1988. Section 2 . An amendment to the Constitution of the State of Georgia providing that each resident of the Cherokee 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 an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence (Resolution Act No. 44; House Resolution No. 284-998; Ga. L. 1979, p. 1852) is repealed. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Cherokee County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide November general election on November 8, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that each resident of the Cherokee 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 $16,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence?

Page 3680

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 Sections 1 and 2 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following the date of such election. The expense of such election shall be borne by Cherokee County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to provide that the homestead of each resident of the Cherokee County School District who meets certain qualifications shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness; to repeal an amendment to the Constitution which was continued in effect as statutory law and which provides that the homestead of residents of the Cherokee County School District who meet certain qualifications shall be exempt from all Cherokee County School District taxes; and for other purposes. This 29th day of January, 1988. Hasty Prichard 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

Page 3681

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 date: February 3, 1988. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. MILLER COUNTYSTATE COURT; ASSISTANT DISTRICT ATTORNEY AS SOLICITOR. No. 845 (House Bill No. 1677). AN ACT To amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, so as to authorize the governing authority of Miller County to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Miller County under certain conditions; to provide for the compensation of said assistant district attorney serving as the solicitor of said state court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3682

Section 1 . An Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, is amended by adding a new Section 3A immediately following Section 3 to read as follows: Section 3A. In the event there is no elected solicitor of the State Court of Miller County, the governing authority of Miller County is authorized to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as a solicitor of said court with the approval of the district attorney of the Pataula Judicial Circuit. Said assistant district attorney shall receive an annual salary fixed by the governing authority of Miller County for performing the services of solicitor of said state court. Said salary shall be payable in equal monthly installments out of the funds of Miller 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 given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, so as to authorize the governing authority of Miller County to appoint an assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Miller County with the approval of the district attorney of the Pataula Judicial Circuit; to provide for the compensation of said assistant district attorney serving as the solicitor of said state court; to provide for other matters relative to the foregoing; and for other purposes. This 26th day of January, 1988. DANNY S. SHEPARD Attorney for Miller County P. O. Box 266 Colquitt, GA 31737

Page 3683

GEORGIA, MILLER COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Toole, who, on oath, deposes and says that he is the Editor and Publisher of the Miller County Liberal, 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, Georgia, on the following date: January 28, 1988. /s/ Terry Toole Sworn to and subscribed before me this 28th day of January, 1988. /s/ Debra C. Jones NOTARY PUBLIC: Miller Co., GA My commission expires: July 31, 1989 Baker County, Georgia (SEAL) Approved March 10, 1988. PAULDING COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 846 (House Bill No. 1680). AN ACT To amend an Act creating the board of commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5236), so as to change the compensation of the members of the board of commissioners other than the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3684

Section 1 . An Act creating the board of commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5236), is amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chairman shall receive a salary of $35,000.00 per annum, payable monthly. The other commissioners shall each receive a salary of $5,500.00 per annum, payable monthly, and shall also each receive a local expense allowance of $1,400.00 per annum, payable in equal monthly installments. All compensation provided for in this section shall be paid from county funds. Except as otherwise provided in subsection (b) of this section, the compensation provided herein shall constitute the entire compensation from all public sources to which the chairman or either commissioner shall be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any boards or authorities by virtue of their office. Section 2 . This Act shall become effective on July 1, 1988. 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended; and for other purposes. This 1st day of February, 1988. L. Charles Watts Honorable L. Charles Watts, Representative, 41st Dis. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles Watts, who,

Page 3685

on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: February 4, 1988. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. UPSON COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; DISABLED RESIDENTS; REFERENDUM. No. 847 (House Bill No. 1682). AN ACT To provide a homestead exemption of $10,000.00 from all ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, for each resident of the Upson County School District who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00; to provide for administration; to provide for a referendum; to provide for all related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3686

Section 1 . (a) In addition to any other homestead exemption authorized by law, each resident of the Upson County School District who is disabled is granted an exemption from all ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this section, the term adjusted gross income shall have the same meaning as that term is defined in the United States Internal Revenue Code of 1986, as now or hereafter amended. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for in this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the tax commissioner of Upson County, giving the certificate or certificates provided for in this section, the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, provided that, after any such owner has filed the proper certificate or certificates as provided above and has been allowed the exemption provided in this section, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in

Page 3687

the event he becomes ineligible for any reason for the exemption provided in this section. (b) The provisions of this section shall not be applicable to disabled veterans who shall be entitled to the homestead exemption granted especially to disabled veterans. Section 2 . This Act shall apply to all tax years beginning on or after January 1, 1989. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Upson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Upson County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Upson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides a homestead exemption of $10,000.00 from all ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, for residents of the Upson County School District who are disabled and whose incomes, together with the incomes of their spouses, do not exceed $10,000.00 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 and 2 of this Act shall become of full force and effect; otherwise they shall be void and of no force and effect.

Page 3688

The expense of such election shall be borne by Upson County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is disabled and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness; to provide for a referendum; and for other purposes. This 30 day of JAN, 1988. Honorable Marvin Adams Representative, 79th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: February 3, 1988. /s/ Marvin Adams Representative, 79th District

Page 3689

Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 10, 1988. FULTON COUNTYPERSONNEL BOARD; MERIT SYSTEM; DISCIPLINARY ACTIONS. No. 848 (House Bill No. 1089). AN ACT To amend an Act which completely and exhaustively revised, superseded, consolidated, and replaced all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration (Civil Service), approved April 13, 1982 (Ga. L. 1982, p. 4896), so as to change the provisions relating to procedures for disciplinary actions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act which completely and exhaustively revised, superseded, consolidated, and replaced all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration (Civil Service), approved April 13, 1982 (Ga. L. 1982, p. 4896), is amended by striking subsection (b) of Section 9 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

Page 3690

(b) Any dismissal, suspension, or demotion of an employee for cause which results in a loss of salary, grade, or classification shall be stated to such employee in writing or orally; provided, however, that any such oral notification shall be confirmed in writing as soon as practicable thereafter. The effective date and time of such disciplinary actions shall be clearly specified in such notification and, if practicable, such notification should precede the effective date and time of such disciplinary actions. In addition, the employee shall also be given a concurrent opportunity at the time of such notification, or prior to the effective date of the disciplinary action, to address such action and any accusations or allegations relating thereto. Any permanent classified employee who is dismissed, suspended without pay, or demoted for cause as specified above shall also have the right to appeal to the personnel board as set forth elsewhere in this Act and in applicable personnel regulations. 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 1987 Session of the General Assembly of Georgia, a bill to amend an Act pertaining to the Fulton County Personnel Board and Fulton County Merit Systems of Personnel Administration (Civil Service) (GA L 1982 p. 4896) and for other purposes. This 17th day of February, 1987. Henry R. Bauer, Jr. Legislative Liaison Fulton County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna Sinkfield, who, on oath, deposes and says that she is Representative from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 20, 1987.

Page 3691

/s/ Georganna T. Sinkfield Representative, 37th District Sworn to and subscribed before me, this 26th day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. CHARLTON COUNTYBOARD OF EDUCATION; ELECTIONS; DISTRICTS. No. 849 (House Bill No. 1157). AN ACT To amend an Act providing for the election of the members of the Board of Education of Charlton County, approved April 17, 1975 (Ga. L. 1975, p. 3952), so as to provide for the election of members of the board from districts by the residents of such districts; to provide legislative intent; to provide for terms and qualifications; to provide for voting in districts; to provide districts; to provide for elections and procedures; 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 . It is the intent of this Act to implement by local legislation the decision of the United States District Court for the Southern District of Georgia in the case of Smith v. Carter , civil action number CV585-088. Section 2 . An Act providing for the election of the members of the Board of Education of Charlton County, approved April

Page 3692

17, 1975 (Ga. L. 1975, p. 3952), is amended by striking in its entirety Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) The Board of Education of Charlton County shall be composed of five members. One member shall be elected from each of the five education districts provided in Section 2 of this Act. (b) Persons seeking membership on the board shall be registered electors eligible to vote for members of the General Assembly, shall have resided in Charlton County for at least one year immediately preceding their election, and shall have resided in their respective districts for at least six months immediately preceding their election. Otherwise, such persons must possess the qualifications as provided by law. (c) Each district position on the board of education shall be elected only by the qualified electors of the district. Only the qualified electors of a district shall be entitled to vote for candidates seeking membership on the board from that district. It shall be expressly permissible for more than one precinct to be established within an education district. (d) Upon election, if a member moves such member's residence from the district from which elected, such member's position on the board shall automatically become vacant. Section 3 . Said Act is further amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) For the purpose of electing members of the board of education, Charlton County shall be divided into five education districts as follows: Education District 1 : Begin at a point in the corporate city limits of the City of Folkston, Georgia where Love Street intersects with Third Street and from said point thence run in a westerly direction on Love Street to U.S. Highway No. 1 (Second Street); thence run in a northerly direction along U.S. Highway No. 1 (Second Street) to Cross Street

Page 3693

(U.S. 301 Bypass); thence run in a easterly direction on Cross Street (U.S. 301 Bypass) to Georgia Highway 252; thence run in a northeasterly direction on Georgia Highway 252 to the intersection of Reynolds Road; thence run in a easterly direction and then southerly direction following Reynolds Road until Reynolds Road intersects with Georgia Highway No. 40 (Kingsland Road); thence run in a westerly direction along Georgia Highway No. 40 (Kingsland Road) to the intersection of Pine Dirve; thence run in a southerly direction along Pine Drive to the intersection of Park Street; thence run in a southwesterly direction along Park Street until the intersection of Rose Avenue; thence run in a southeasterly direction along Rose Avenue until the intersection of Fern Drive; thence run in a northeasterly direction along Fern Drive until the intersection of Camp Pinckney Drive; thence follow Camp Pinckney Drive until Camp Pinckney Drive intersects with the St. Marys River at Camp Pinckney Landing; thence run in a southerly direction along the St. Marys River until the St. Marys River intersects with U.S. Highway No. 1 (Second Street); thence run in a northerly direction along U.S. Highway No. 1 (Second Street) to the intersection of Third Street; thence run in northerly direction along Third Street until Third Street intersects with the corporate city limits of the City of Folkston; thence run in a northeasterly direction following the corporate city limits of the City of Folkston to the easterly corner of the city limits; thence run in a northwesterly direction following the corporate city limits of the City of Folkston until the intersection of Georgia Highway No. 40 (Kingsland Road); thence run in a westerly direction along Georgia Highway No. 40 (Kingsland Road) to the intersection of Eighth Street; thence run in a southerly direction on Eighth Street to the intersection of Martin Street; thence run in a westerly direction along Martin Street to the intersection of Sixth Street; thence run in a southerly direction on Sixth Street to the intersection of Elm Street; thence run in a westerly direction on Elm Street to the intersection of Fourth Street; thence run in a northerly direction on Fourth Street to the intersection of Oak Street; thence run in a westerly direction along Oak Street to the intersection of Third Street; thence run in a northerly direction along

Page 3694

Third Street to the intersection of Love Street and the point and place of beginning. Education District 2 : Begin at a point where the easterly corporate city limits of the City of Folkston intersects with Georgia Highway No. 40 (Kingsland Road) and from said point thence run in a southeasterly direction along the corporate city limits of the City of Folkston to the easterly corner of the city limits of Folkston; thence run in a southwesterly direction following the corporate city limits of the City of Folkston to the southerly corner of the city limits of the City of Folkston; thence run in a northwesterly direction following the corporate city limits of the City of Folkston to the intersection of Georgia Highway No. 121; thence run in a southwesterly direction along Georgia Highway No. 121 to the intersection of Spanish Creek; thence run in a northwesterly direction following the run of Spanish Creek until the intersection of Hatchers Branch; thence run in a northerly direction following the run of Hatchers Branch to the intersection of West Main Street; thence run in a easterly direction along West Main Street to the intersection of the westerly corporate city limits of the City of Folkston; thence run in a northwesterly direction following the corporate city limits of the City of Folkston to the westerly corner of the corporate city limits of the City of Folkston; thence run in a northeasterly direction along the corporate city limits of the City of Folkston to the intersection of Kelly Road; thence run in a westerly direction along Kelly Road to the intersection of Kelly Circle; thence run in a northerly direction on Kelly Circle to the intersection of Garard Road; thence run in a westerly direction on Garard Road to the intersection of Election Street; thence run in a northerly direction on Election Street to the intersection of Lake Drive; thence run in a easterly direction along Lake Drive to the intersection of Dixie Lake Road; thence run in a southeasterly direction on Dixie Lake Road to the corporate city limits of the City of Folkston; thence run in a northeasterly direction along the corporate city limits of the City of Folkston to the intersection of the El Terrace (Okefenokee Drive); thence run in a southerly

Page 3695

direction along El Terrace (Okefenokee Drive) to the intersection of Love Street; thence run in a westerly direction on Love Street to the intersection of Magnolia Street; thence run in a southerly direction on Magnolia Street to the intersection of Main Street; thence run in a westerly direction along Main Street to the intersection of Gowen Drive; thence run in a southerly direction on Gowen Drive to the intersection of Martin Street; thence run in a easterly direction along Martin Street to the intersection of U. S. Highway No. 1 (Second Street); thence run in a northerly direction on U. S. Highway No. 1 (Second Street) to the intersection of Main Street; thence run in a westerly direction on Main Street to the center line of the CSX Railroad (formerly SCL); thence run in a northerly direction along the center line of CSX Railroad (SCL) to the intersection of Love Street; thence run in a easterly direction along Love Street to the intersection of First Street; thence run in a northerly direction on First Street to the intersection of Palm Street; thence run in a easterly direction on Palm Street to the intersection of U. S. Highway No. 1 (Second Street); thence run in a southerly direction on U. S. Highway No. 1 (Second Street) to the intersection of Love Street; thence run in a easterly direction on Love Street to the intersection of Third Street; thence run in a southerly direction on Third Street to the intersection of Oak Street; thence run in a easterly direction on Oak Street to the intersection of Fourth Street; thence run in a southerly direction on Fourth Street to the intersection of Elm Street; thence run in a easterly direction on Elm Street to the intersection of Sixth Street; thence run in a northerly direction on Sixth Street to the intersection of Martin Street; thence run in a easterly direction on Martin Street to the intersection of Eighth Street; thence run in a northerly direction on Eighth Street to the intersection of Georgia Highway No. 40 (Kingsland Road); thence run in a easterly direction on Georgia Highway No. 40 (Kingsland Road) to the easterly corporate city limits of the City of Folkston and the point and place of beginning. Education District 3 : Begin at a point where the southwesterly corporate city limits of the City of Folkston intersects with Georgia

Page 3696

Highway No. 121 and from said point thence run in a southwesterly direction along Georgia Highway No. 121 to the intersection of Prospect Road at Prospect Church; thence run in a northerly direction along Prospect Road to the intersection of Sardis-Post Road; thence run in a northerly direction on Sardis-Post Road to the intersection of Ralph Davis Road; thence run in a westerly direction along Ralph Davis Road to the end and then continuing westerly in the same direction to the westerly boundary line of Charlton County; thence run in a southerly direction along the westerly boundary line of Charlton County to the point where the boundary line of Charlton County becomes the St. Marys River; thence continue on the County boundary line following the St. Marys River around the southern end of the county and then proceed in a northerly direction following the St. Marys River to the point where the St. Marys River intersects with U. S. Highway No. 1 (Second Street); thence run in a northerly direction along U. S. Highway No. 1 (Second Street) to the intersection of Third Street; thence run in a northerly direction along Third Street until Third Street intersects with the corporate city limits of the City of Folkston; thence run in a southwesterly direction along the corporate city limits of the City of Folkston to the southerly corner of the corporate city limits of the City of Folkston; thence run in a northwesterly direction following the corporate city limits of the City of Folkston back to the intersection of Georgia Highway No. 121 and the point and place of beginning. Education District 4 : Begin at a point south of the City of Folkston where Spanish Creek intersects with Georgia Highway No. 121 and from said point thence run in a southerly direction along Georgia Highway No. 121 to the intersection of Prospect Road at Prospect Church; thence run in a northerly direction along Prospect Road to the intersection of Sardis-Post Road; thence run in a northerly direction on Sardis-Post Road until the intersection of Mizell Road; thence run in a northwesterly direction and then curving to a northeasterly direction on Mizell Road until Mizell Road intersects with the Sardis-Post Road; thence run

Page 3697

in a northerly direction along the Sardis-Post Road to the intersection of Grace Chapel Road; thence run in a northeasterly direction along Grace Chapel Road to the intersection U.S. Highway No. 1 (Second Street); thence run in a southeasterly direction along U.S. Highway No. 1 (Second Street) to the point where U.S. Highway No. 1 (Second Street) forks just north of the city limits of the City of Folkston and becomes a one-way road; thence run in a southeasterly direction along the northbound lane of U.S. Highway No. 1 (Second Street) to the point where northbound U.S. Highway No. 1 (Second Street) intersects with the northerly corporate city limits of the City of Folkston; thence run in a westerly direction along the corporate city limits of the City of Folkston to a point where the corporate city limits of the City of Folkston intersects with the center line of CSX Railroad (formerly SCL); thence run in a southerly direction along the center line of CSX Railroad (formerly CSX) which is also a corporate city limits of the City of Folkston to a point where the corporate city limits of the City of Folkston turns and begins to run in a southwesterly direction; thence run in a southwesterly direction along the corporate city limits of the City of Folkston to the intersection of Dixie Lake Road; thence run in a northwesterly direction on Dixie Lake Road to the intersection of Lake Drive; thence run in a westerly direction on Lake Drive to the intersection of Election Street; thence run in a southerly direction on Election Street to the intersection of Garard Road; thence run in a easterly direction on Garard Road to the intersection of Kelly Circle; thence run in a southerly direction on Kelly Circle to the intersection of Kelly Road; thence run in a easterly direction along Kelly Road to the point where Kelly Road intersects with the corporate city limits of the City of Folkston; thence run in a southwesterly direction along the corporate city limits to the westerly most corner of the corporate city limits of the City of Folkston; thence run in a southeasterly direction along the corporate city limits of the City of Folkston to the point where the corporate city limits intersects West Main Street; thence run in a westerly direction along West Main Street to the intersection of Hatchers Branch; thence run in a southerly direction along Hatchers Branch until Hatchers Branch intersects with Spanish Creek;

Page 3698

thence run in a southeasterly direction on Spanish Creek to the point where Spanish Creek intersects with Georgia Highway No. 121 and the point and place of beginning. Education District 5 : Begin at a point in the city limits of the City of Folkston at the intersection of U.S. Highway No. 1 (Second Street) and Main Street and from said point thence run in a southerly direction on U.S. Highway No. 1 (Second Street) to the intersection of Martin Street; thence run in a westerly direction on Martin Street to the intersection of Gowen Drive; thence run in a northerly direction on Gowen Drive to the intersection of Main Street; thence run in a easterly direction along Main Street to the intersection of Magnolia Street, thence run in a northerly direction on Magnolia Street to the intersection of Love Street; thence run in a easterly direction on Love Street to the intersection of El Terrace (Okefenokee Drive); thence run in a northerly direction along El Terrace (Okefenokee Drive) to the northwesterly corporate city limits of the City of Folkston; thence run in a northeasterly direction along the corporate city limits of the City of Folkston to the intersection of the center line of CSX Railroad (formerly SCL); thence run in a northerly direction along the center line of CSX Railroad (formerly SCL) which is also the corporate city limits of the City of Folkston to the northerly city limits of the City of Folkston; thence run in a easterly direction along the northerly city limits of the City of Folkston to a point where the corporate city limits intersect the northbound land of U.S. Highway No. 1 (Second Street); thence run in a northerly direction along U.S. Highway No. 1 (Second Street) to the intersection of Grace Chapel Road; thence run in a southwesterly direction along Grace Chapel Road to the intersection of Sardis-Post Road; thence run in a southerly direction along Sardis-Post Road to Mizell Road; thence run in a southwesterly direction curving to a southeasterly direction along Mizell Road to the intersection of Sardis-Post Road; thence run in a southerly direction on the Sardis-Post Road to the intersection of Ralph Davis Road; thence run in a westerly direction

Page 3699

along Ralph Davis Road to the end and then continuing westerly in the same direction to the westerly boundary of Charlton County, Georgia; thence begin running in a north and west direction following the boundary line of Charlton County and continuing along the boundary line of Charlton County in a clockwise direction until the boundary line of Charlton County intersects Camp Pinckney Drive at Camp Pinckney Landing on the St. Marys River; thence run in a northwesterly direction along Camp Pinckney Drive to the point where Camp Pinckney Drive becomes a paved road; thence run in a northerly direction on Camp Pinckney Drive until Camp Pinckney Drive forks; thence run in a southwesterly direction on Camp Pinckney Drive to the intersection of Fern Drive; thence run in a southwesterly direction along Fern Drive to the intersection of Rose Avenue; thence run in a northwesterly direction along Rose Avenue to the intersection of Park Street; thence run in a northeasterly direction along Park Street to the intersection of Pine Drive; thence run in a northerly direction along Pine Drive to the intersection of Georgia Highway No. 40 (Kingsland Road); thence run in a easterly direction along Georgia Highway No. 40 (Kingsland Road) to Reynolds Road; thence run in a northerly direction along Reynolds Road and continue in a westerly direction along Reynolds Road to the intersection of Georgia Highway No. 252; thence run in a southerly direction on Georgia Highway No. 252 to the intersection of Cross Street (U.S. 301 Bypass); thence run in a westerly direction along Cross Street (U.S. 301 Bypass) to the intersection of U.S. Highway No. 1 (Second Street); thence run in a southerly direction on U.S. Highway No. 1 (Second Street) to the intersection of Palm Street; thence run in a westerly direction along Palm Street to the intersection of First Street; thence run in a southerly direction along First Street to the intersection of Love Street; thence run in a westerly direction on Love Street to the center line of CSX Railroad (formerly SCL); thence run in a southerly direction on CSX Railroad (formerly SCL) to the intersection of Main Street; thence run in a easterly direction along Main Street to the intersection of U.S. Highway No. 1 (Second Street) and the point and place of beginning.

Page 3700

(b) Unless otherwise stated in the descriptions, where the boundaries of districts fall on streets, roads, waterways, or other geographical boundaries which do not serve as boundary lines for militia districts, the boundary lines of the districts follow the centerlines of such streets, roads, waterways, or other geographical boundaries. (c) Any references in district descriptions to the corporate limits of the City of Folkston shall mean the corporate limits as the same existed on March 31, 1986. (d) Any part of Charlton County which is not included in any education district described in this section shall be included in that district contiguous to such part which contains the least population according to the 1980 United States decennial census or any future such census. Section 4 . Said Act is further amended by striking in its entirety Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) The members of the board of education who were elected at the general election in November, 1986, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. The remaining members shall continue in office until December 31, 1988, and until successors are elected and qualified as provided in this section. (b) At the general election to be held in November, 1988, there shall be elected members from Education Districts 2 and 4. Such members shall take office on January 1 following their election for terms of four years and until successors are elected and qualified. (c) At the general election to be held in November, 1990, there shall be elected members from Education Districts 1, 3, and 5. Such members shall take office on January 1 following their election for terms of four years and until successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected at the general

Page 3701

election next preceding the expiration of terms of office and shall take office on January 1 following their election for terms of four years and until successors are elected and qualified. (e) All elections shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' 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 1987 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 Charlton County (Georgia Laws 1975, p. 3952), as amended, to provide for the election of members of the Board of Education of Charlton County by districts; to provide for related matters; to repeal conflicting laws; and for other purposes. This 16th day of February, 1987. Mildred H. Mizell, Chairman Charton County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County, on the following date: February 18, 1987. /s/ Harry D. Dixon Representative, 151st District

Page 3702

Sworn to and subscribed before me, this 9th day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. SUMTER COUNTYSTAGGERED MOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 850 (House Bill No. 1205). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Sumter County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Sumter County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Sumter County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Sumter County for approval or rejection. The election superintendent

Page 3703

shall conduct that election on the same date and in conjunction with the general state-wide primary in 1988 and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Sumter County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which requires that vehicles in Sumter County be registered and licensed to operate during designated registration periods? 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 January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Sumter County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State and the Department of Revenue. Section 3 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NO. 3714 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide that vehicles in Sumer County shall be registered and licensed to operate, on and after January 1, 1989, during designated registration periods as provided in Code Section 40-20-20.1 of the O.C.G.A.; to provide for a referendum; and for other purposes. Frank Belcher Tax Commissioner

Page 3704

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 date: January 8, 1988. /s/ George Hooks Representative, 116th District Sworn to and subscribed before me, this 11th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. CITY OF FAIRBURNCORPORATE LIMITS. No. 851 (House Bill No. 1184). AN ACT To amend an Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to change the corporate limits of such municipality; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, is amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows:

Page 3705

Section 3A. 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: Beginning at a point where the northern land lot line of Land Lot 28 of the 9th District of Fulton County, Georgia, intersects the eastern right-of-way line of Bohannon Road, said point being the TRUE POINT OF BEGINNING; thence, running South 89 degrees 51[UNK]40[UNK] east a distance of 2,309.0 feet to a point, said point being the northeast corner of Land Lot 28, 9th District, Fulton County; thence, running south 89 degrees 42[UNK]20[UNK] east a distance of 66.1 feet to a point which lies on the northwest right-of-way line of Interstate 85 (said 66.1 feet being contiguous with the City boundary line with the City of Fairburn); thence, running a chord bearing of south 58 degrees 12[UNK] West a distance of 1,457.2 feet (chord distance of 1,456.22 feet) along the northwest right-of-way of Interstate 85 to a point; thence, running south 54 degrees 34[UNK]40[UNK] West a distance of 189.30 feet along the northwestern right-of-way of Interstate 85 to a point; thence, running north 35 degrees 25[UNK]20[UNK] west a distance of 375.0 feet to a point; thence, running south 54 degrees 34[UNK]40[UNK] west a distance of 904.9 feet to a point on the eastern right-of-way line of Bohannon Road (said road having a 100-foot right-of-way at that point); thence, running north 5 degrees 40[UNK]40[UNK] west a distance of 254.0 feet along the east right-of-way line of Bohannon Road to a point; thence, running south 84 degrees 56[UNK]30[UNK] West a distance of 19.9 feet to a point on the east right-of-way line of Bohannon Road (said road having a 60-foot right-of-way at said point); thence, running a distance of 854 feet along the east right-of-way line of Bohannon Road to the TRUE POINT OF BEGINNING. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of Fairburn intends to apply for the passage of local legislation at the 1988 Session of the General Assembly of Georgia to amend the Charter of the City of Fairburn, as amended, so as to annex into said City

Page 3706

certain property contiguous to the City of Fairburn, said property consisting of appoximately 32.33 acres of land located between Interstate 85 and Bohannon Road, to protect the public welfare, and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Helen Selman, who, on oath, deposes and says that she is Representative from the 32nd 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 date: December 18, 1987. /s/ Helen Selman Representative, 32nd District Sworn to and subscribed before me, this 11th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. CITY OF SAVANNAHHOMESTEAD EXEMPTION; RESIDENTS 65 OR OLDER OR DISABLED; REFERENDUM. No. 852 (House Bill No. 1206). AN ACT To provide for a homestead exemption of $30,000.00 from all City of Savannah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00; to provide

Page 3707

for all matters 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 . For purposes of this Act, the term homestead means such term as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2 . Each resident of the City of Savannah, Georgia, who is 65 years of age or over or who is totally disabled is granted an exemption on that person's homestead from all City of Savannah ad valorem taxes in the amount of $30,000.00 if the resident's net income, as defined by general law, does not exceed $11,500.00. The value of all homestead property in excess of the above-exempted amount shall remain subject to taxation. A person shall be deemed to be totally disabled for the purpose of qualifying for this exemption if such person is certified to be so disabled by the Veterans Administration, the Social Security Administration, the Department of Human Resources, the Workers' Compensation Board, the county health department, or the civil service. Section 3 . The governing authority of the City of Savannah or its designee shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine eligibility for the exemption. Section 4 . The exemption provided for by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the governing authority of the City of Savannah or its designee in the event that such person for any reason becomes ineligible for that exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, or county taxes for county purposes. Section 6 . The exemption granted by this Act shall be in addition to any other homestead exemption from City of Savannah ad valorem taxes.

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Section 7 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 8 . The exemption granted by this Act shall be administered and granted by the governing authority of the City of Savannah or its designee in the same manner as provided by general law; and, unless otherwise expressly provided in this Act, all provisions of general law shall apply to the exemption granted by this Act. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Savannah shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Savannah for approval or rejection. The election superintendent shall set the date of such election for the date of the general election in November, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 be approved which provides a $30,000.00 homestead exemption from all City of Savannah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.

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The expense of such election shall be borne by the City of Savannah. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 31, 1987, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Savannah, Georgia, ad valorem taxes for all residents who are 65 years of age or over or who are totally disabled who have net incomes not exceeding an amount to be specified; and for other purposes. This 28th day of Dec., 1987. Honorable DeWayne Hamilton Representative, 124th District
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Dec. 31 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 31 day of Dec., 1987. (SEAL) /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 Approved March 10, 1988. COWETA COUNTYBOARD OF COMMISSIONERS; VACANCIES. No. 853 (House Bill No. 1242). AN ACT To amend an Act entitled An Act to create a board of commissioners of roads and revenue in the county of Coweta, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved August 1, 1906 (Ga. L. 1906, p: 399), so as to provide for a special election by the qualified voters of respective road districts to fill vacancies which shall occur on the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled An Act to create a board of commissioners of roads and revenue in the county of Coweta, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended,

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particularly by an Act approved August 1, 1906 (Ga. L. 1906, p. 399), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. When a vacancy occurs in the office of the governing authority, and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by law, and the cost of the election shall be defrayed by the governing authority. If the unexpired term to be filled is less than six months in duration, the judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term. In any event, the successor shall be a resident of the district wherein the vacancy exists. Section 2 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE Notice is hereby given that there will be introduced at the 1988 session of the General Assembly of Georgia a bill to amend the Act creating a Board of Commissioners of Roads and Revenue in the County of Coweta (Ga. L. 1872, p. 405) as heretofore amended, providing for a special election to fill vacancies in the office of the governing authority of said county and for other purposes. Vernon Hunter, Clerk Board of Commissioners Coweta County J. Neal Shepard, Jr. Representative 71st District PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Newnan Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: December 10, 1987.

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/s/ William W. Thomasson nct Publisher Sworn before me on this 10th day of December, 1987. /s/ Kathy H. Proctor Notary Public MY COMMISSION EXPIRES MARCH 13, 1988 Approved March 10, 1988. CITY OF MILLENNEW CHARTER. No. 854 (House Bill No. 1286). AN ACT To provide a new charter for the City of Millen; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for audits; to provide for inquiries and investigations; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for interpretation; to provide for organization and procedures; to provide for ordinances and codes; to provide for a city administrator, a city attorney, and other personnel; to provide for departments and agencies; to provide for a personnel system; to provide for boards and commissions; to provide for rules and regulations; to provide for taxation, fees, and assessments; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for penalties; to provide for definitions and construction;

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to provide for other matters relative to the foregoing; to repeal specific Acts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: CITY OF MILLEN CHARTER ARTICLE 1 INCORPORATION, POWERS, BOUNDARIES Section 1-101 . Incorporation; name. The City of Millen, Georgia, in Jenkins County and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Millen (hereinafter at times referred to as the city). The city shall be the legal continuation and successor to the city as heretofore incorporated; shall continue to be vested with all of the property and rights of property which now belong to the city; and shall have perpetual succession. Section 1-102 . General powers. The city shall have all the powers, duties, rights, privileges, and immunities vested in the city now or hereafter granted to municipal corporations by the Constitution, by the General Laws of the State of Georgia, and by this charter. This 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 powers necessary to carry into execution all powers granted as fully and completely as if these powers were fully enumerated herein. In addition, the city may sue and be sued; may contract and be contracted with; may acquire and hold any property, real and personal as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of any of its property, including but not limited to the abandonment of any easement when deemed desirable by the city; and may have a common seal and alter it at will. Section 1-103 . Special powers. The city may acquire, construct and maintain, by condemnation or otherwise, inside or outside the city limits, public buildings, libraries, sewers, drains, sewage treatment or waterworks systems, electrical or gas systems,

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airports, hospitals, and charitable, educational, flood control, recreational, sport, curative, corrective, detentional, penal, and medical institutions, areas, and facilities, and any other public improvements. The city, by ordinance, may establish and enforce rules and regulations necessary to preserve order, peace, and dignity on any property or facilities so acquired. Section 1-104 . Construction of powers. The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. Section 1-105 . Boundaries; official map. (a) The corporate limits and boundaries of this city shall be those existing immediately prior to the effective date of this section with any alterations as may be made from time to time in the manner provided by state law. The boundaries of this city at all times shall be sworn on a map, a written description or any combination thereof, incorporated herein, to be retained permanently in the office of the city administrator and to be designated, as the case may be; Official Map (or Description) of the Corporate Limits of the City of Millen, Georgia. Photographic, typed, or other copies of the map or description certified by the city administrator shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city shall provide for the redrawing of the official map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1-106 . Annexation of territory; elections. Additional territory may be annexed into the corporate limits of the city by any means provided by the Laws of the State of Georgia. ARTICLE 2 THE MAYOR AND COUNCIL CHAPTER 1 General Provisions Section 2-101 . Creation; composition; term of office. There shall be a mayor and council composed of the mayor and five council members elected as provided in Article 3 of this charter,

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which shall act as the legislative body of the city. The mayor and council shall serve for terms of four years, except as provided herein in section 3-105 relating to transitional terms, or until a successor is elected and qualified. Section 2-102 . Qualifications. To be eligible for election or appointment to the office of mayor and council, a person, at the time of election or appointment, must: (1) Have attained the age of 21 years; (2) Have resided in the city for one year and continue in such residence during the term of office; (3) Be a qualified elector of the city; and (4) Meet any other requirements as may be established by general state law. Section 2-103 . Compensation. The mayor and council members shall receive, as compensation for their services, an amount fixed by ordinance as provided by general state law. In addition, the mayor and council members shall receive their actual expenses incurred in the performance of their official duties in the manner provided by ordinance. CHAPTER 2 Powers of the Mayor and Council Section 2-201 . General powers. Except as is otherwise provided by this charter, all powers of the city shall be vested in the mayor and council. Section 2-202 . Execution of powers. The mayor and council shall provide for the execution of all powers, functions, rights, privileges, duties, and immunities of the city, its officers, agencies, or employees granted by this charter or general law unless otherwise authorized by state law or this charter. Section 2-203 . Specific powers, duties, and limitations. Without otherwise limiting the general powers of the mayor and council it shall: (1) Adopt all annual appropriations for the city and any supplements or amendments the mayor and council deems necessary from time to time during the fiscal year;

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(2) Adopt a fiscal year for the city and each of its departments, boards, or other agencies and any other ordinances for the regulation and management of the financial affairs of the city it deems necessary; (3) Adopt ordinances providing for all governmental reorganizations including the establishment, alteration, or abolishment of any and all non-elective offices, including, but not limited to the appointment or removal of a City Administrator, positions, departments, and agencies of the city unless otherwise established or provided by this charter; (4) Adopt ordinances establishing any personnel policies it deems necessary for an adequate and systematic handling of personnel affairs; (5) Appoint or remove, by motion, a city attorney, municipal court judge, and members of any board, commission, or authority of the city unless otherwise provided by general state law or this charter; (6) Remove or reinstate, within 30 days, any appointed city officer suspended by the city administrator; (7) Adopt any ordinance which prescribes the amount and terms of surety bonds conditioned upon the faithful performance of the duties of office of any officer or employee of the city, provided that the city pays any premiums on such bonds; (8) Adopt any resolution or motion expressing the mayor and council's opinion on any subject or, where authorized by ordinance, approve by motion the issuance of any license or permit of the city; (9) Establish and appoint, by resolution, any committee of citizens to advise the mayor and council as it deems necessary; provided, however, that the term of such committee shall automatically expire within one year of its creation, if not earlier abolished by the mayor and council; and

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(10) Adopt any other ordinance or abatement to this charter as is not denied now or hereafter under general state law or this charter and exercise any other power as may be provided now or hereafter under general state law or this charter. Section 2-204 . Independent audits. The mayor and council shall provide, by resolution, for an independent annual audit of all city accounts and may similarly provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The mayor and council may, without requiring competitive bids, designate by resolution the accountant or firm annually, or for a period not exceeding three years, provided that the designation for any particular fiscal year shall be made no later than 90 days after the beginning of the fiscal year. The mayor and council may also provide by resolution for special independent audits of any office, department, board, commission, or other agency of the city. Section 2-205 . Inquiries and investigations. The mayor and council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency of the city or any joint city/county or independent commission, board, or authority of the city. For this purpose, the mayor and council may subpoena witnesses, administer oaths, take testimony, and require the production of evidence in the same manner as the Superior Court of Jenkins County. Any person who fails or refuses to obey a lawful order issued in the exercise of this power by the mayor and council may be held in contempt by a majority vote of all council members and punished as provided in this charter for contempt of the municipal court. Appeal to the Superior Court of Jenkins County from a council contempt conviction is allowed as for any conviction in the municipal court. CHAPTER 3 Mayor and Mayor Pro Tempore Section 2-301 . Mayor. (a) The mayor, as chief legislative officer of the city, shall:

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(1) Preside at all meetings of the mayor and council; (2) Appoint or abolish any council committees and appoint members thereof; (3) Convene special meetings of the mayor and council as provided in this charter; and (4) Have the power to administer oaths and to take affidavits. (b) The mayor shall perform any other duties and exercise any other powers required by state or federal law or authorized by ordinance not in conflict with this charter. (c) Otherwise, the mayor shall have all the same powers and duties of other council members. Section 2-302 . Mayor pro tempore. The mayor and council shall appoint, by a majority vote from among its members other than the mayor, a mayor pro tempore who shall assume the duties and powers of the mayor in the mayor's absences or disability, but otherwise shall have all the same powers and duties as other council members. Such an absence or disability may be declared by the mayor or by a motion to that effect adopted by a majority of all the council members other than the mayor. The mayor pro tempore shall serve in that office for a term of one year or for the remainder of the term if he is appointed for less than one year, or unless he should be unable or unwilling to serve, whereupon a new mayor pro tempore shall be appointed as herein provided. Section 2-303 . Interpretation of terms. (a) All references to members of council, unless specifically provided otherwise, shall mean and include the mayor and mayor pro tempore. CHAPTER 4 Organization and Procedure Section 2-401 . Organizational meeting. (a) The mayor and council members shall meet for organization and swearingin ceremonies on the first Tuesday in January following each regular municipal election, or if that date is a legal holiday, on the next following day not a legal holiday.

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(b) At this meeting, the newly elected or re-elected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by the Judge of the Probate Court of Jenkins County, Georgia: I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of (mayor or council members as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Millen and the common interest thereof. (c) At this meeting, the newly reorganized mayor and council shall make any appointments and selections as may be required by this charter or ordinance. (d) A special meeting may be called to install any member elected by a special election or otherwise appointed to the council. Section 2-402 . Rules of procedure; journal of minutes. (a) The mayor and council, by motion approved by a majority vote of all members, may adopt any rules of procedure and order of business or amendments thereto that are consistent with this charter and ordinances of the city, provided that: (1) A proposed ordinance or amendment thereto may be introduced by any council member; (2) A quorum for all mayor and council meetings shall be a majority of all council members and no business shall be transacted by the mayor and council in the absence of a quorum except to adjourn from time to time; (3) All actions of mayor and council shall require the affirmative vote of a majority of the council members present unless otherwise required by this charter; and (4) All amendments to ordinances shall be by ordinance and no motion or resolution shall affect the operation of an ordinance unless that ordinance so provides. (b) A journal of minutes shall be maintained and every official action of the mayor and council shall be recorded therein and the journal shall be a public record. Minutes shall also be recorded for executive sessions of the mayor and council but

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shall not be a public record. Any council member shall be able to require the recording of years and nays of each member in the journal for any votes taken by the mayor and council. Section 2-403 . Meetings; regular and special. (a) The mayor and council shall fix the date and time of regular meetings of the mayor and council by ordinance and there shall be at least one regular meeting each month. (b) Special meetings of the mayor and council may be held on call of the mayor or a majority of all council members other than the mayor. Notice of a special meeting shall be served on all other members personally, or by telephone personally, or otherwise notified as fully as is reasonably possible 24 hours in advance of the meeting. This notice to council members shall not be required if all council members are present when the special meeting is called. This notice of a special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in the council member's presence or with his or her prior knowledge. Any business may be transacted at a special meeting which could be transacted at a regular meeting. (c) All meetings of the council shall be public to the extent required by general state law and notice to the public of special meetings shall be made fully as is reasonably possible 24 hours prior to the meeting. Section 2-404 . Codes of technical regulations. (a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing the adopting ordinance shall be as prescribed for ordinances generally. (b) Any requirements for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance. (c) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city administrator pursuant to Section 2-405.

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(d) Copies of any adopted code of technical regulations shall be made available by the city administrator for distribution or for purchase by the public at a reasonable price. Section 2-405 . Authenticating ordinances; recording; codification; printing. (a) The city administrator shall authenticate by signature and record in full in a properly indexed book kept for the purpose, all ordinances adopted by the mayor and council. (b) The mayor and council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and council by ordinance and shall be published promptly, together with all amendments thereto, any codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as The Code of the City of Millen, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price. (c) The mayor and council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at a reasonable price. (d) Following publication of the first code under this charter, and at all times thereafter, any ordinances and charter amendments thereafter adopted shall be printed in substantially the same style as the code then currently in effect and shall be suitable in form for incorporation therein. The mayor and council shall make any further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. ARTICLE 3 ELECTION AND REMOVAL CHAPTER 1 Conduct of Elections Section 3-101 . Application of general laws. All municipal general or special elections and primaries shall be held and

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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 3-102 . Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected. Section 3-103 . Vacancies; special elections; appointments. (a) Except as otherwise provided in this section, any vacancy in the office of the mayor or any council member created by death, resignation, or for any other cause other than the regular expiration of a term of office, shall be filled by special election. There shall be a Call for such special election within 15 days after such vacancy occurs. The special election shall then be held not less than 30 days and not more than 60 days after such Call and, in such event, the mayor or council member, as the case may be, after taking oath, shall take office immediately. (b) If, however, any such vacancy in the council should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by appointment of a duly qualified person by the mayor and remaining members of the council. (c) If any such vacancy in the office of mayor should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by the mayor pro tempore for the remainder of the term of office, and the vacancy in the council shall be filled by appointment of a duly qualified person by the new mayor and remaining members of the council. Section 3-104 . Removal from office; suspension. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office and the office shall be vacant upon the occurrence of any one or more of the following causes or as set out by state law: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law.

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(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished as provided by applicable state statute, or by one of the following methods: (1) By the affirmative vote of not less than four 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 written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Jenkins County. Such appeal shall be governed by the same rules as govern appeals to the superior court from probate court. (2) By an order of the Superior Court of Jenkins County following a hearing on a complaint seeking such removal brought by any resident of the City of Millen. Section 3-105 . Transitional elections and terms. (a) Pursuant to the provisions of Code Section 21-3-64 of the O.C.G.A. and for the purpose of providing for the orderly transition of municipal elections in the city so as to ultimately conform with the provisions of the Georgia Municipal Election Code, elections for seats held by the mayor and council holding office as of the effective date of this charter shall be as follows: (1) The election for the council seats expiring in 1989 shall be held on the first Thursday in January, 1989, and the terms of the two council members so elected shall expire on December 31, 1993; (2) The election for mayor and the remaining council seats shall be held on the first Thursday in January, 1990, and the terms of the mayor and council so elected shall expire on December 31, 1995. (b) The dates of all subsequent general municipal elections and all terms of office shall conform to the provisions of the Georgia Municipal Election Code.

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ARTICLE 4 ADMINISTRATION CHAPTER 1 City Administrator Section 4-101 . Appointment and qualifications. There shall be a city administrator hired by the mayor and council by motion or resolution, pursuant to such contract or agreement as may be adopted and made a part of such motion or resolution. The city administrator shall be selected on the basis of executive, administrative, and managerial ability and qualifications. Section 4-102 . Duties and responsibilities. (a) The city administrator shall be the chief executive officer of the city and shall be in charge of and responsible for the administrative branch of the city government. (b) The city administrator shall exercise supervision and control over all departments and agencies of the city unless otherwise provided by general statute or this charter. (c) The city administrator shall be a full-time employee of the city and shall be responsible for the efficient administration of the affairs of the city. In this capacity, the city administrator shall have the authority and responsibility to: (1) Ensure that all laws and ordinances are enforced; (2) Appoint, suspend, or terminate all city employees and department heads who shall be directly responsible to him or her unless otherwise provided by general state law or this charter; provided that such actions may be superseded by affirmative action of the mayor and council within 30 days; (3) Negotiate, authorize, and execute all lawful city contracts as is provided by state law, this charter, or ordinance; (4) Keep the mayor and council fully advised as to the financial condition and needs of the city and prepare and present each month a summary of the city's financial condition;

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(5) Recommend to the mayor and council the adoption of such measures as he or she may deem necessary or expedient in the administration or management of city affairs; and (6) Keep, or cause the same to be done, all official records of the city, including, but not limited to, minutes of the meetings of the mayor and council and Code of Ordinances. He or she shall be the keeper of the city seal and shall perform such other duties as may be provided by this charter or by ordinance. (d) The city administrator, before entering upon the discharge of his or her duties, shall give bond in the penal sum to be fixed and approved by the mayor and council. The premium shall be paid by the city and the bond shall be made payable to the City of Millen, and its successors, for the benefit of the city, and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of the city administrator's default, misfeasance, malfeasance, or nonfeasance in the performance of his or her duties. CHAPTER 2 City Attorney Section 4-201 . Appointment and qualifications. There shall be a city attorney who shall be appointed for a term of one year or at the pleasure of the mayor and council. He or she shall be an active member of the State Bar of Georgia in good standing. Section 4-202 . Duties and responsibilities. The city attorney shall be legal counsel to the city and perform any other duties as may be provided by ordinance. Section 4-203 . Compensation. The compensation of the city attorney shall be by contract, agreement, or resolution of the mayor and council. CHAPTER 3 City Organization Section 4-301 . City departments and agencies. The departments and agencies of the city shall be created and established

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by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the city administrator and approved by the mayor and council consistent therewith. The operations and responsibilities of these departments and agencies may be distributed among any divisions or bureaus and shall consist of any officers and employees as may be provided by ordinance or administrative regulations consistent therewith. Section 4-302 . Administrative reorganization. The mayor and council may, by ordinance, organize, combine, consolidate, or discontinue any departments, agencies, or divisions of the city government as it may from time to time deem desirable, consistent with this charter. CHAPTER 4 Personnel Section 4-401 . Personnel system. (a) Upon recommendation of the city administrator, the mayor and council shall establish, by ordinance, a personnel system for any portion of or all city employees and officials as it deems necessary consistent with this charter. (b) The personnel system shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee evaluations and performance, salaries, hours of employment, vacations, sick leave, special workers' compensation leave, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums for employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees. CHAPTER 5 Boards and Commissions Section 4-501 . Authority to create. The mayor and council may, by ordinance, unless otherwise provided by general state law, create commissions and boards which may perform the

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

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that the public interest is of primary concern, and shall faithfully discharge the duties of their offices regardless of personal considerations. Section 4-602 . Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair independence of judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when the employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged or is a member of without proper legal authorization, or use that information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body he or she is a member of or by which he or she is engaged; provided, however, an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (5) Represent private interests, other than his or her own, in any action or proceeding against the city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity

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in which he or she has substantial financial interest unless such contract is issued pursuant to sealed competitive bids. Section 4-603 . Disclosure of interest. Any elected or appointed officer or employee who possesses or who acquires any financial interest as might reasonably tend to create a conflict with the public interest shall make disclosure in writing to the mayor and council at the time a conflict becomes apparent. The disclosure statement shall be made a matter of public record and filed with the city administrator. The disclosure shall be made a matter of public record prior to the taking of any vote on the proposal. Section 4-604 . Fair and equal treatment. No elected or appointed officer or employee shall use that official position to secure or grant special consideration, treatment, advantage, privilege, or exemption to any person beyond that which is available to every other person. Section 4-605 . Future employment. No person who has served as an elected or appointed officer or employee of the city shall, within a period of six months after termination of that service or employment, appear for compensation before any agency of the city, or receive compensation for any services rendered in behalf of any private interests in relation to any case, proceeding, or application with respect to which the person was directly concerned, or which was under the person's active consideration, or with respect to which knowledge or information was made available to the person during the period of service or employment. Section 4-606 . Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by the city for personal benefit, convenience, or profit except in accordance with policies promulgated by the mayor and council or the governing body of the agency or entity. Section 4-607 . Contracts voidable and rescindable. Any violation of this charter or state law which occurs with the knowledge, express or implied, of another party to a contract or sale shall render the contract or sale involved voidable and rescindable

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as to that party, at the option of the mayor and council expressed by a motion adopted to that effect. Section 4-608 . Ineligibility of elected officials. Except where authorized by law, neither mayor nor any other council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by the city or any agency thereof during the term for which he or she was elected. No former mayor and no other former council member shall hold employment or compensated appointive office in the city until six months after the expiration of the term for which the official was elected. Section 4-609 . Political activities of certain officers and employees. No appointive officer or employee of the city shall continue in that employment or service upon qualifying as a candidate for nomination or election to any elective office within the City of Millen or Jenkins County. Section 4-610 . Participation in elections. No appointed officer or employee of the city shall in any manner contribute to any candidate for election to a municipal office of the city or participate in any election, primary, or political contest for a municipal office of the city other than by exercising the right to vote, by privately expressing political views, or by serving as election officials. Section 4-611 . Penalties for violation. (a) Any city officer or employee who knowingly violates any lawful requirement of this charter shall be guilty of malfeasance in office or position and shall be punished as provided in Section 6-103. (b) Any officer or employee of the city who violates subsection (a) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of at least three years thereafter. (c) The appointing authority may reprimand, put on probation, demote, suspend, or discharge an employee or appointed officer found to have violated the standards of conduct established by this charter.

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ARTICLE 5 FINANCIAL AND FISCAL CHAPTER 1 Taxation and Other Revenue Section 5-101 . Property tax. The mayor and council, by ordinance, may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, for the repayment of the principal and interests on general obligations, and for any other lawful public purpose as determined by the mayor and council in its discretion. Section 5-102 . Millage rate; due dates; payment methods. (a) The mayor and council, by ordinance, shall establish a millage rate for the city property tax which shall not exceed 20 mills on the assessed value of the property except for such millage as may be necessary to pay lawful bonded indebtedness of the city, a due date, and in what length of time these taxes must be paid. (b) The mayor and council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due and provide for interest on late installments. Section 5-103 . Occupation and business taxes. The mayor and council, by ordinance, shall have the power to levy any occupation or business taxes as are not denied by general state law. These taxes may be levied on individuals, partnerships, and corporations who transact business in the city or who practice or offer to practice any profession or calling therein to the extent the persons have a constitutionally sufficient nexus to the city to be so taxed. These taxes may be levied and imposed on a fixed rate, gross receipts basis, any other basis not constitutionally disapproved, or any combination thereof. The mayor and council may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable and payment of these taxes may be compelled as provided in Section 5-108 of this chapter.

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Section 5-104 . Licenses; permits; fees. The mayor and council, by ordinance, shall have the power to require any individuals or corporations who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for these activities from the city and to pay a reasonable fee for the license or permit where the activities are not now regulated by general state law in such a way as to preclude city regulation. These fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 5-108. The mayor and council, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitates; including, but not limited to, denial or revocation for any violation of federal or state law or city ordinances involving the operation of the licensed business. Section 5-105 . Service charges. The mayor and council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for water, sewer, sanitary, and health services, or any other services rendered within or without the corporate limits of the city. If unpaid, these charges or fees shall be collected as provided in Section 5-108. Section 5-106 . Special assessment. The mayor and council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as are reasonable. Further, impact fees for the development of residential subdivisions and industrial parks may also be assessed upon developers and owners. If unpaid, these charges shall be collected as provided in Section 5-108. Section 5-107 . Interpretation; other taxes. This city shall be empowered to levy any other tax as may be authorized now or hereafter by state law and the specific mention of any right, power, or authority in this chapter shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 5-108 . Collection of delinquent taxes and fees. The mayor and council, by ordinance, may provide generally for the

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collection of delinquent taxes, fees, or other revenue due the city under this charter or general state law by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes, fees, or other revenues are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes, fees, and other revenues, personal debts of the persons required to pay the taxes, fees, or other revenues imposed; revoking city licenses for failure to pay any city taxes, fees, or other assignment or transfer of executions and collection of transferred executions; providing for the billing and collecting of principal, interest, and costs of delinquent executions as an addition to and a part of the annual ad valorem tax bill. CHAPTER 2 Borrowing and Indebtedness Section 5-201 . General obligation bonds. The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. This bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time the issue is undertaken. Section 5-202 . Determination of millage necessary to retire proposed bonded indebtedness. At a regular meeting of the mayor and council held at least 15 and not more than 45 days prior to any election within the city in which there shall be submitted to the electors of the city the question of whether the city shall incur additional bonded indebtedness, the mayor and council shall determine what millage is necessary to retire the bonded indebtedness proposed to be incurred by the city. Such action of the mayor and council shall be recorded upon the minutes of the meeting. Section 5-203 . Revenue bonds. Revenue bonds may be issued by the mayor and council as state law now or hereafter provides. These bonds are to be paid out of any revenues produced by the project, program, or venture for which they were issued. Section 5-204 . Refunding revenue bonds. (a) The City of Millen acting through its governing body may exercise all powers granted to municipalities under Article 3 of Chapter

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82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and is further authorized to refund any outstanding revenue bonds by the issuance of revenue refunding bonds in an amount not greater than the aggregate of principal and interest to the date of redemption and redemption premiums on the revenue bonds to be refunded. Said revenue refunding bonds may be issued at any time not more than 15 years prior to the date that the refunded bonds are to be retired, either at maturity or pursuant to a call for redemption, or both. Pending the retirement of the revenue bonds being refunded, the city shall deposit a sufficient portion of the proceeds of such revenue bonds, together with any other legally available funds, in escrow to pay principal, interest, and redemption premiums on the revenue bonds to be refunded, and some or all money so deposited may be invested in direct obligations of the United States of America or any of its agencies or in obligations guaranteed as to principal and interest by the United States of America. In determining the sufficiency of such deposit, the city may include interest to be received on such investments. (b) The city shall, upon depositing in escrow the proceeds of any revenue refunding bonds hereunder, enter into an agreement with the bank holding such deposit and said agreement shall require said bank, among other things, to hold investments and liquidate the same without further instructions from the city when necessary to pay principal, interest, and redemption premiums on the revenue bonds refunded and may require such bank to publish on behalf of the city, one or more notices of redemption of the revenue bonds to be refunded. (c) The validity of revenue refunding bonds issued hereunder may be determined by proceedings in the Superior Court of Jenkins County, Georgia, or as may otherwise be provided by state statute for industrial development bonds. Such proceedings shall be brought and conducted, and may be intervened in and may be appealed from in the same manner, and shall have the same effect, as is provided in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. If the aforementioned agreement governing the deposit of revenue refunding bond proceeds is attached as an exhibit to the resolution authorizing said revenue refunding bonds, the court upon validation shall determine the validity of said agreement as well as the validity of said revenue refunding bonds.

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(d) Such revenue refunding bonds shall constitute investment securities under the Uniform Commercial Code but no financing statement nor continuation statement need be filed to protect or perfect the interest of the holders of said revenue refunding bonds in the revenues pledged to their payment. Such revenue refunding bonds may be secured by pledge of all or any protion of the revenues to be derived from the operation of one or more revenue-producing facilities of the city after payment of the reasonable and necessary expenses of the operation and maintenance, and such revenues need not be limited to revenues pledged to the revenue bonds refunded. Revenue refunding bonds shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the city be subject to any pecuniary liability thereon. No holder or holders of any such revenue refunding bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such revenue refunding bonds or the interest thereof, nor to enforce payment thereof against any property of the city; nor shall any bonds constitute a lien upon any property of the city. Each bond issued under this section shall contain a recital setting forth the substance of the preceding two sentences. (e) Revenue refunding bonds issued hereunder or the resolution provided for their issuance may contain such provisions for the security of said revenue refunding bonds as the governing body may determine, including such covenants and rights to a receiver upon default as are provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and may be issued in one or more series, may be sold in such manner, may bear such date or dates, may mature at such time or times, not exceeding 40 years from their respective date; may bear interest at such rate or rates, not exceeding 9 percent per annum, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or registered; may carry such registration, conversion, and exchangeability privileges; may be subject to such terms of redemption with or without premium; may be declared or become due before the maturity date thereof; may be executed in such manner; and may contain such terms, covenants, assignments, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. All bonds issued under this section

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bearing the signature of officers in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof, and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the municipality issuing the same. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provision as the governing body may determine, may be issued to the purchaser or purchasers of bonds to be issued under this section. Said bonds shall be and are hereby declared to be nontaxable for any and all purposes. (f) This section shall be deemed cumulative and not in lieu of all other laws granting bond authority to the city and shall provide an additional, but nonexclusive means of refunding revenue bonds of the city, regardless of the law under which the revenue bonds shall have been issued. Section 5-205 . Short-term notes. The city may issue short-term notes as now or hereafter provided by general state law. CHAPTER 3 Fiscal Control Section 5-301 . Fiscal year; municipal budget. (a) The mayor and council shall establish a fiscal year for the city and all its agencies by ordinance unless otherwise provided by state or federal law. (b) The city administrator shall submit to the council at least six weeks prior to the start of the municipal fiscal year a budget report, accompanied by a draft of the recommended municipal appropriations ordinance, in a form and manner as may be prescribed by ordinance, which shall provide for the appropriation of the funds necessary to operate all the various departments, to meet capital improvement requirements, and to meet the current expenses of the city for the next fiscal year. (c) The mayor and council shall annually appropriate by ordinance the funds necessary to operate all the various agencies and departments, to fund necessary capital improvements, and to meet the current expenses of the city for the next fiscal year. Section 5-302 . Municipal appropriations ordinance. (a) Each municipal appropriations ordinance, now in force or

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hereafter adopted, with all amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for any mandatory appropriations required to meet contractual obligations or the continued appropriations and authorization of state or federal grants. (b) The mayor and council shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the city treasury at the beginning of the fiscal year, together with an amount not greater than the total municipal receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds as estimated in the budget report and amendments thereto. (c) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations, or the continued appropriation and authorization of state or federal grants, remaining unexpended and not contractually obligated at the expiration of the municipal appropriations ordinance, shall lapse. (d) All state or federal funds received by the city are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the state or federal government in making the grant. Section 5-303 . Supplementary appropriations. (a) In addition to the appropriations made by the municipal appropriations ordinance and amendments thereto, the mayor and council may make additional appropriations in the same manner as herein provided. 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 in the general fund of the city treasury as provided by law. (b) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the municipal appropriations ordinance in effect when the supplementary appropriations ordinance was adopted and approved.

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Section 5-304 . Appropriation for specific sums. (a) The appropriation for each department, office, bureau, board, commission, function, or line item for which appropriation is made shall be for a specific amount of money and no appropriation shall allocate to any object the proceeds of any particular tax or a part or percentage thereof. All appropriations by function or line item shall be lump sum by function or line item. (b) Any appropriation made in conflict with the foregoing provisions shall be void. CHAPTER 4 Purchasing, Contracting, and Disposition of Property Section 5-401 . Contracting procedures. (a) Contracts for the purchase or sale of realty, personalty, or services shall be negotiated, authorized, and executed by the city administrator pursuant to authority granted by the mayor and council by resolution or ordinance, or by the state or federal governments by statute, as appropriate. (b) The original of all contracts shall be maintained on file in the office of the city administrator. (c) No contract shall bind the city other than as provided in this charter. Section 5-402 . Purchasing procedures. The mayor and council shall prescribe by ordinance the procedures for all purchases of real and personal property by the city. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance. Section 5-403 . Sale or disposal of property. The mayor and council shall prescribe by ordinance the procedures for all sales and other disposition of real and personal property by the city. ARTICLE 6 MUNICIPAL COURT Section 6-101 . Creation; jurisdiction. There shall be a court of the city, to be known as The Municipal Court of Millen,

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Georgia, which shall be vested with all the jurisdiction and powers throughout the city generally granted to mayor's, recorder's, or police courts and particularly as to the abatement of nuisances, prosecution of traffic violations, and violation of other ordinances of the city. Section 6-102 . Chiefjudge; associate judges; appointment; compensation; oath. (a) The municipal court shall be presided over by a judge appointed for a term of one year or at the pleasure of mayor and council. (b) No person shall be qualified or eligible to serve as a judge of the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. Such judge shall be appointed or removed by a majority vote of all council members. (c) Compensation of the judge shall be fixed by contract, resolution, or ordinance by the mayor and council. (d) Before entering on the duties of the office, the judge shall take an oath given by the mayor, that he or she will honestly and faithfully discharge the duties of office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. Section 6-103 . Convening; rules of procedure; powers; punishments. (a) The municipal court shall convene at times and dates as may be provided by resolution, but the court shall convene at least once a month. (b) The municipal court shall follow such rules and procedures as the judge may establish unless otherwise provided by ordinance, this charter, or general state law, which rules and regulations shall be reduced to writing and be made available upon request. (c) The mayor and council, by ordinance, may provide for the powers of the municipal court over bail and appearance bonds. (d) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession

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of any party; to enforce obedience to its orders, judgments, and sentences; and to administer oaths as are necessary. (e) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served and executed by any officer as authorized by ordinance or by general state law. Further, the judge of the municipal court may issue warrants for the arrest of persons charged with offenses against any city ordinance and shall have the power and authority as is provided by the state for magistrates to issue warrants for offenses against state laws committed within the city. (f) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and the mayor and council, by ordinance, shall establish and be entitled to reimbursement for the cost of the meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. These costs shall be collected by the court in which the case is tried or triable in the same manner as other costs are collected by such court and shall be paid over to the city. (g) Unless a lesser penalty is provided by ordinance, the judge of the municipal court shall have the power and authority to impose upon the violator of any law or ordinance, for each violation thereof, the following punishments, or any punishment provided for such offense by state statute, whichever is greater: (1) A fine not to exceed $1,000.00; (2) Imprisonment in the city detention center for a period of not more than 90 days; or (3) Any one or all of these punishments when the facts of the case justify such punishments. (h) The municipal court shall have the authority to punish those in its presence for contempt by imposition of a fine not exceeding $500.00 or by imprisonment in the city detention center for a period of time not exceeding 30 days or both.

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Section 6-104 . Appeals. The right of appeal from decisions and judgments of municipal court to the Superior Court of Jenkins County, and the establishment of any bond required to secure the costs of appeal, shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds by state law for appeals from magistrates' courts to superior courts. ARTICLE 7 MISCELLANEOUS Section 7-101 . Ordinances and regulations. Existing ordinances, resolutions, rules, and regulations of the city and its agencies now lawfully in effect not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified, or amended. Section 7-102 . Contracts and obligations; proceedings. (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the city or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the city. (b) No action or proceeding of any nature whether civil or criminal, judicial or administrative, or otherwise, pending at the effective date of this charter by or against the city or its departments and agencies shall be abated or otherwise affected by the adoption of this charter. (c) The existing agency and departmental organization of the city shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the mayor and council and administrative regulations consistent therewith. Section 7-103 . Governing body defined. For the purpose of all laws requiring action of the governing body of the City of Millen, such action shall be accomplished by ordinance or resolution unless specifically provided otherwise by the particular law involved. Section 7-104 . Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof.

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(b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7-105 . Specific repealer. All laws or portions of laws creating, reenacting, or amending any and all charters of the City of Millen are hereby repealed including, but no limited to, Ga. L. 1939, p. 1163; Ga. L. 1949, p. 1198; Ga. L. 1967, p. 2572; and Ga. L. 1976, p. 3275. Section 7-106 . General 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 1988 session of the General Assembly of Georgia a bill to create a new charter for the City of Millen; to repeal conflicting laws; and for other purpose. This 22nd day of December, 1987. John F. Godbee 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 Millen News which is the official organ of Jenkins County, on the following date: December 31, 1987. /s/ John F. Godbee Representative, 110th District

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Sworn to and subscribed before me, this 12th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. CHATHAM-SAVANNAH YOUTH FUTURES AUTHORITYCREATION. No. 855 (House Bill No. 1323). AN ACT To create the Chatham-Savannah Youth Futures Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership of the authority; to provide for the organization and meetings of the authority; to provide the purposes for which the authority is created; to provide for the powers and duties of the authority; to provide that members of the authority shall be trustees; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachment; to provide the court in which actions against the authority may be brought; to provide for construction; 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 Chatham-Savannah Youth Futures Authority Act.

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Section 2 . Findings. (a) It is found, determined, and declared that many young people in the Chatham County-Savannah area are faced with or experiencing serious and discouraging problems which include: (1) Dropping out of school before graduating; (2) Failing in school or failing to progress in school at a satisfactory rate; (3) Frequent and unexcused absences from school; (4) Unmarried teen pregnancy and motherhood; (5) Drug use and juvenile delinquency; (6) Problems associated with idleness and unemployment during the summer months and after school hours, particularly for youths who are from 16 to 19 years of age; and (7) Severe economic hardship. (b) It is further found and determined that public and private agencies are less effective in dealing with the problems of youths because programs are not coordinated, evaluated, and administered in a systematic manner under a single comprehensive plan. (c) It is further found and determined that the citizens of the Chatham County-Savannah area are deeply concerned about the problems of youths in their community and that a comprehensive approach to the solution of such problems in that community will serve as an effective demonstration project for solving similar problems in other communities of Georgia. (d) Because of the findings and determinations described in subsections (a) through (c) of this section, it is further found that there is a need for the creation of a public authority to develop a comprehensive plan for public and private agencies of Chatham County and the City of Savannah to deal more effectively with the problems facing the youths of that community to the end that such youths will be eligible for gainful employment when they reach maturity and may have a productive

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and happy future that develops and utilizes their many talents and abilities to the fullest extent possible. It is further found that such a public authority should cooperate with and assist public and private agencies in implementing and carrying out such a comprehensive plan and in providing oversight, evaluation, and coordination of the various programs and activities of such comprehensive plan and that such public authority should exercise additional powers and duties as provided in this Act in connection with the development, implementation, and carrying out of such plan. (e) It is further found, declared, and determined that the creation of the public authority provided for in this Act and the carrying out of its corporate purposes are in all respects valid charitable and public purposes within the provisions of the Constitution of Georgia in that developing more effective methods, programs, and services to deal with the problems of youths of Chatham County and the City of Savannah is of vital importance to not only that community but also as demonstration project to other communities throughout Georgia where similar problems exist. Section 3 . Definitions. Unless the context clearly requires otherwise, as used in this Act, the term: (1) Authority means the Chatham-Savannah Youth Futures Authority created in this Act. (2) Public agency means the Board of Public Education for the City of Savannah and the County of Chatham; the Board of Commissioners of Chatham County; the Mayor and Aldermen of the City of Savannah; the governing body of any other municipality located within Chatham County; and any agency, board, commission, or department of the State of Georgia. Section 4 . Chatham-Savannah Youth Futures Authority. (a) There is created a body corporate and politic to be known as the Chatham-Savannah Youth Futures Authority which shall be deemed to be an instrumentality of the state, a public corporation and a public authority, and by that name, style, and title may contract and be contracted with, sue in all courts and be sued in the Superior Court of Chatham County, as provided in Section 12 of this Act. The authority shall have all rights afforded

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the state by virtue of the Constitution of the United States and nothing in this Act shall constitute a waiver of any such rights. The authority shall have perpetual existence. (b) The authority shall not be deemed to be the State of Georgia or a political subdivision of the state or an agency of the state or of a political subdivision of the state. Section 5 . Membership. (a) The authority shall be composed of 15 members as follows: (1) Four members appointed by the Board of Public Education for the City of Savannah and the County of Chatham; (2) Four members appointed by the Board of Commissioners of Chatham County; (3) Four members appointed by the Mayor and Board of Aldermen of the City of Savannah; (4) One member appointed by the State School Superintendent; (5) One member appointed by the Commissioner of Labor; and (6) One member appointed by the commissioner of human resources. (b) Two members appointed under each of paragraphs (1) through (3) of subsection (a) of this section shall be appointed for initial terms of two years and two members appointed under each of such paragraphs shall be appointed for initial terms of four years. Successors to all such members and future successors shall be appointed for terms of four years. The member appointed under paragraph (4) of subsection (a) of this section shall be appointed for an initial term of four years and the successor and future successors to such member shall also be appointed for terms of four years. The two members appointed under paragraphs (5) and (6) of subsection (a) of this section shall be appointed for initial terms of two years and their successors and future successors shall be appointed for terms of four years. Any vacancy occurring on the authority for any reason shall be filled for the unexpired term by the original appointing body.

Page 3747

All members of the authority shall serve until their successors are appointed and qualified. (c) Each member of the authority shall be a resident of Chatham County at the time of appointment and while holding office as a member of the authority. The appointing bodies under paragraphs (1) through (3) of subsection (a) of this section may invite business, civic, educational, and charitable organizations and institutions to suggest the names of persons as nominees for appointment to the authority, but such appointing bodies shall not be required to make appointments from such nominees. (d) Prior to the appointment of any member of the authority by any appointing body named in paragraphs (1) through (3) of subsection (a) of this section, the appointing body shall cause a notice to be published in a newspaper of general circulation in the City of Savannah and Chatham County. Such notice shall be in substantially the following form: (e) Members of the authority shall receive no compensation for serving on the authority but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. Section 6 . Organization; meetings. (a) The organizational meeting of the authority shall be called by the Mayor of the City of Savannah after all appointments to the authority have been made. At the organizational meeting, the authority shall elect from its own membership a chairman, vice-chairman, and secretary-treasurer. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the authority shall be as determined by the authority, except as otherwise provided by subsections (b) and (c) of this section.

Page 3748

(b) Nine members of the authority shall constitute a quorum for the transaction of business. The powers and duties of the authority shall be transacted, exercised, and performed only pursuant to the affirmative vote of at least a majority of a quorum. An abstention in voting shall be considered as that member's voting in the negative on the matter before the authority. (c) The authority shall meet not less than one time during each calendar quarter on the call of the chairman of the authority. In the absence of the chairman, the vice-chairman may call a meeting of the authority and preside at meetings thereof. In the absence of the chairman and vice-chairman, the secretary-treasurer may call a meeting of the authority and preside at meetings thereof. The chairman or other officer of the authority authorized to call a meeting of the authority shall call such a meeting upon a written request being made by five or more members of the authority. (d) The authority shall prepare and submit to the appointing bodies and officers listed in subsection (a) of Section 5 of this Act, an annual report at the end of each fiscal year or calendar year of the authority outlining the work of the authority and furnishing to such bodies or officers a copy of its most recent annual independent audit of income and expenditures prepared in accordance with the requirements of Section 10 of this Act. Section 7 . Purposes. The authority is created for the following purposes: (1) To develop and adopt, and from time to time amend, a comprehensive plan for public and private agencies to deal effectively with the problems of youths in the Chatham County-Savannah area in order to achieve the youth futures objectives described in subsection (c) of Section 2 of this Act; (2) To coordinate, evaluate, and provide administrative services and assistance in implementing and carrying out the comprehensive plan developed by the authority under paragraph (1) of this section; and (3) To contract with public and private agencies for the purposes of paragraphs (1) and (2) of this section and for such public and private agencies to provide programs

Page 3749

and services for youths in order to carry out the provisions of the comprehensive plan developed by the authority under paragraph (1) of this section. Section 8 . Contracts for youth services. To the extent that a contract entered into pursuant to the provisions of Section 7 of this Act provides therefor, the authority shall have the power to provide such youth services on behalf of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by the authority under paragraph (1) of Section 7 of this Act. Section 9 . Powers and duties. In addition to any other powers and duties provided for by this Act and in order for the authority to carry out its purposes as described in this Act, the authority shall have the following powers and duties: (1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the authority shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against any loss in connection with its property and other assets of the authority; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the authority and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (5) To make contracts and to execute all instruments necessary or convenient in connection therewith;

Page 3750

(6) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (7) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (8) To the extent that a contract between the authority and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the authority; (9) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; and (10) To do all things necessary or convenient to carry out the powers and purposes of the authority which are expressly provided for in this Act. Section 10 . Members as trustees. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual independent audit of income and expenditures. Section 11 . Charitable and public functions. Because the authority will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the authority shall be required to pay no taxes or assessments by the state or by any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it or upon its activities in the operation or maintenance of any facility maintained or acquired by it or upon any income

Page 3751

received by the authority. The said property, facilities, and income of the authority are exempt from levy and sale, garnishment, and attachment. Section 12 . Actions. Any action brought against the authority shall be brought in the Superior Court of Chatham County, and such court shall have exclusive original jurisdiction of such action. Section 13 . Liberal construction. Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act. Section 14 . Repealer. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 8, 1988, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a bill to create

Page 3752

the Chatham-Savannah Youth Futures Authority and for other purposes. This January 7, 1988. JIM PANNELL House District 122 appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 8 day of Jan., 1988. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 10, 1988. CITY OF DUBLINPUBLIC UTILITIES; ORDINANCES; PENALTIES; CONTRACTS; ELECTIONS. No. 856 (House Bill No. 1300). 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 change the provisions relating to public utilities; to provide for ordinances and penalties; to provide for contracts, agreements, and arrangements; to provide for the construction, operation, and maintenance of public utilities outside the corporate limits of the city; to change the day of regular elections; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Dublin, Georgia, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, is amended by striking paragraph (9) of Section 1.4 of said Act in its entirety and substituting in lieu thereof a new paragraph (9) to read as follows: (9) Municipal UtilitiesTo acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, both within and beyond the corporate limits of the City of Dublin, Georgia, including, but not limited to, a system of waterworks, sewers and drains, sewerage disposal, natural gas, electric light plants, transportation facilities, public airports, and any other public utility; to determine and classify the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same in the manner in which such remedies shall be enforced; to pass such ordinances as deemed suitable to protect such property and appurtenances and to enforce compliance by suitable penalties; and to make such contracts, agreements, and arrangements as deemed necessary or desirable in the exercise of these powers; Section 2 . Said Act is further amended by striking Section 3.4 and inserting in lieu thereof a new Section 3.4 to read as follows: Section 3.4. Time of Elections. (a) On the first Tuesday in October of each odd-numbered year, a general election shall be held for the office of Mayor and the offices of council members from Wards 1, 2, 3, and 4. Those persons elected to such offices shall serve for terms of two years and until their successors are elected and qualified. Their terms shall begin at the time of their taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5. (b) On the first Tuesday in October of each even-numbered year, a general election shall be held for the offices of council members at large. Those persons elected to such offices shall serve for terms of two years and until their successors are elected and qualified. Their terms of office

Page 3754

shall begin at the time of taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION The City of Dublin is proposing Amendments to the Charter of the City of Dublin to provide for the construction, operatation and maintenance of public utilities outside the corporate limits of Dublin and to change the day of regular elections from Monday to Tuesday. Notice is hereby given that legislation will be introduced at the regular 1988 session of the General Assembly of Georgia to amend the Charter for those purposes. James V. Hilburn City Attorney City of Dublin GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DuBose Porter, who, on oath, deposes and says that he is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier Herald which is the official organ of Laurens County, on the following date: January 9, 1988. /s/ DuBose Porter Representative, 119th District Sworn to and subscribed before me, this 13th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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LONG COUNTYBOARD OF COMMISSIONERS; RE-CREATION; ELECTIONS; POWERS. No. 857 (House Bill No. 1341). AN ACT To re-create and establish the Board of Commissioners of Long County; to provide for commissioner districts; to provide for elections and terms of office; to provide for a chairman and vice-chairman; to provide for meetings and procedures; to provide for compensation; to provide for bonds; to provide for vacancies; to provide for a clerk; to provide for a county attorney; to provide for a county physician; to provide for powers, duties, and authority of the board; to provide for purchasing; to provide for emergency powers; to provide for budgets and appropriations; to provide for gifts and contributions; to provide for penalties; to provide for severability; to provide for the specific repeal of certain local Acts; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The governing authority. The governing authority of Long County shall be known and shall be designated as the Board of Commissioners of Long County. The board of commissioners shall consist of five members. All members of the board of commissioners shall be entitled to vote on any question before the board. All members, including the chairman, shall be elected as provided in this Act. Section 2 . Commissioner districts. For the purposes of this Act Long County shall be divided into five commissioner districts as follows: Commissioner District 1 Commissioner District 1 will be known as BEARDS CREEK DISTRICT and will be the northwestern section of Long County and bounded northwesterly by Beard's Creek which separates District 1 from Tattnall County; Northeasterly by the Fort Stewart

Page 3756

Military Reservation and the Liberty County line. Said southern boundary line commencing at the centerline of U.S. Highway 301 wherein the same intersects the Tattnall County/Long County line along Beard's Creek and running THENCE, in a southeasterly direction along the centerline of U.S. Highway 301 to the intersection of County Road 111 known as the Donald Road; THENCE, easterly along the centerline of County Road 111 (Donald Road) to the intersection of County Road 53, known as the Macedonia Church Road; THENCE, easterly along County Road 53 (Macedonia Church Road) to the intersection of Georgia Highway 196; THENCE, easterly along the center line of Georgia Highway 196 to the Liberty County line. Commissioner District 2 Commissioner District 2 will be known as RYE PATCH/OAK DALE DISTRICT and will be bounded on the North by District 1 above, Northeasterly by the Liberty County line; Southeasterly by Districts 4, 5, and the corporate limits of the City of Ludowici; Southwesterly by the Altamaha River which separates Long County from Wayne County, Georgia; and Northwesterly by Beard's Creek which separates Long County from Tattnall County. Said Southeastern boundary of District 2 commencing at the intersection of U.S. Highway 301 and the Altamaha River on the center line of the J. Alvin Leaphart, Sr. Memorial Bridge and running; THENCE, in a Northeasterly direction along the center line of U.S. Highway 301 to the corporate limits of the City of Ludowici; THENCE, Northwesterly along the corporate limits of the City of Ludowici; THENCE, Northeasterly along the corporate limits of the City of Ludowici to the center line and intersection of U.S. Highway 301; THENCE, Northwesterly along the center line of U.S. Highway 301 to the intersection of County Road 97, known as Horton Road; THENCE, Northeasterly along the center of said county road and proceeding therefrom in a northeasterly direction to Doctors Creek wherein the same intersects County Road 46 known as Lanier Road; THENCE, South along County Road 46 to the intersection of County Road 113 (Elam Church Road); THENCE, Northeasterly along the center line of County Road 113 to County Road 31; THENCE, along the center line of County Road 31 in a horse shoe direction to County Road 113; THENCE, in a Northeasterly direction to County Road 29; THENCE, along the center line of County Road 29 to the Liberty County line.

Page 3757

Commissioner District 3 Commissioner District 3 will be known as SOUTH LUDOWICI and will be bounded generally by U.S. Highway 301 on the North, U.S. Highway 82 on the North; Southeasterly and Southerly by District 5 and Southwesterly by the corporate limits of the City of Ludowici. Said Northwestern boundary being described as follows: Commencing at the intersection of U.S. Highway 301 with the Southwestern corporate limits of the City of Ludowici and running THENCE, in a Northeasterly direction from the corporate limits along the center line of U.S. Highway 301 to the intersection of Cottage Street; THENCE, Southeasterly along the center of Cottage Street to the intersection of Railroad Street; THENCE, Northeasterly along the center line of Railroad Street to the intersection of Main Street; THENCE, Southeast along the center line of Main Street to the intersection of McQueen Street; THENCE, Southwesterly along the center line of McQueen Street to the intersection of Factory Street; THENCE, Southeasterly along the center line of Factory Street to the intersection of Academy Street; THENCE, Northeasterly along the center line of Academy Street, across McDonald Street and continuing in a Northeasterly direction along the center line of Academy Street to the corporate limits of the City of Ludowici; THENCE, Northerly along the corporate limits of the City of Ludowici to wherein the same intersect U.S. Highway 82; THENCE, along the center line of U.S. Highway 82 in an easterly direction to the intersection of County Road 23, being the Northwesterly boundary of District 3; the southeasterly boundary line commencing at the intersection of the center line of U.S. Highway 82 and the center line of County Road 23 running THENCE, in a Southeasterly direction to the intersection of County Road 20; THENCE, Southwesterly along the center line of County Road 20 to the center line of County Road 22; THENCE, Southwesterly along County Road 22 to the intersection of County Road 21; THENCE, Easterly along the center line of County Road 21 to the intersection of County Road 20; THENCE Northwesterly along the center line of County Road 20, known as the Old Macon-Darien Public Road, to the corporate limits of the City of Ludowici; THENCE, Southwesterly along the corporate limits of the City of Ludowici, THENCE, Northwesterly along the corporate limits of the City of Ludowici to the point of beginning at the intersection of U.S. Highway 301.

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Commissioner District 4 Commissioner District 4 will be known as NORTH LUDOWICI and bounded Northeasterly by District 5, Southeasterly by District 3, Southwesterly by the corporate limits of the City of Ludowici and U.S. Highway 301; and Northwesterly by District 2. The Western and Northwesterly boundary line commencing at the intersection of the Southwestern corporate limits of the City of Ludowici and U.S. Highway 301; THENCE, in a Northwesterly direction along the corporate limits; THENCE, Northeasterly along the corporate limits to the center line of U.S. Highway 301; THENCE, Northwesterly along the center line of U.S. Highway 301 to County Road 97; THENCE, Northeasterly along the center line of County Road 97 known as Horton Road, to the intersection of Doctors Creek and County Road 46; THENCE, Southerly along the center line of County Road 46 to the intersection of County Road 113; THENCE, Northeasterly along the center line of County Road 113 to the intersection of County Road 41 (known as Barrett Cemetery Road); THENCE, Southeasterly along County Road 41 to the intersection of U.S. Highway 82; THENCE Southwesterly along the center line of U.S. Highway 82 to the Northeastern corporate limits of the City of Ludowici; THENCE, Southerly along the corporate limits of the City of Ludowici to Academy Street; THENCE, Southwesterly along the center line of Academy Street across McDonald Street continuing in a Southwesterly direction on Academy Street to the intersection of Factory Street; THENCE, Northeasterly along the center line of Factory Street to the intersection of McQueen Street; THENCE Northeasterly, along the center line of McQueen Street to the intersection of Main Street; THENCE, Northwesterly along the center line of Main Street to the intersection of Railroad Street; THENCE, Southwesterly along the center line of Railroad Street to the intersection of Cottage Street; THENCE, northwesterly along the center line of Cottage Street to the intersection of U.S. Highway 301; THENCE, Southwesterly along the center line of U.S. Highway 301 to the point of beginning at the Southwesterly corporate limits of the City of Ludowici. Commissioner District 5 Commissioner District 5 will be known as TIBET DISTRICT and will be bounded Northeasterly by the county line with Liberty

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County; Southeasterly by the county line with McIntosh County; Southwesterly by the Altamaha River which separates Long County from Wayne County, Georgia; and Northwesterly by U.S. Highway 301, the corporate limits of the City of Ludowici and Districts 2, 3 and 4 above. The Northwesterly boundary line commencing at the Western boundary of Long County along the center line of U.S. Highway 301 at the J. Alvin Leaphart, Sr. Memorial Bridge running THENCE, along the center line of U.S. Highway 301 to the corporate limits of the City of Ludowici; THENCE, Southeasterly along the corporate limits of the City of Ludowici; THENCE, Northeasterly along the corporate limits of the City of Ludowici to County Road 20 known as the Old Macon-Darien Public Road; THENCE Southeasterly along County Road 20 to the intersection of County Road 21; THENCE, Northerly along the center line of County Road 21 to the intersection of County Road 22; THENCE, Northeasterly along the center line of County Road 22 to the intersection of County Road 20; THENCE, Northerly along the center line of County Road 20 to the intersection of County Road 23; THENCE, along the center line of County Road 23 to the intersection of U.S. Highway 82; THENCE, along the center line of Highway 82 in a Northeasterly direction to the intersection of County Road 41 known as the Barrett Cemetery Road; THENCE, Northwesterly along County 41 to the intersection of County Road 113; THENCE, Northerly along County Road 113 to the intersection of County Road 31 then in a horse shoe direction on County Road 31 to the intersection of County Road 113; THENCE, to the intersection of County Road 29; THENCE, along the center line of County Road 29 in an Easterly direction to the Liberty County line. Section 3 . Election and terms of office of members. (a) The board shall consist of five members. One commission member shall represent each district. All members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Long County for at least one year immediately preceding the date of their election and the district in which they represent for at least one year immediately preceding the date of their election. Each member elected under this Act must remain a resident of the district from which such member was elected during such member's term of office. Only resident electors of a district may vote for candidates seeking office in that district. Election shall be by majority vote.

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(b) The presently existing board shall continue in existence until the expiration of the present terms of office. The first election to be held pursuant to this Act for the election of a commissioner shall be the August, 1988, primary election and the November, 1988, general election. The members of said board shall be elected for terms of four years and until their successors are elected and qualified and shall take office on January 1, 1989. The terms of office thereafter shall be for four years and until their successors are elected and qualified, with successors taking office on January 1 of each year following their election. (c) The chairman of the board of commissioners shall be elected annually by the board from its own membership. Thereafter, successors shall be elected by the board from its own membership at the first regular meeting of the board held in January of each year. Any member of the board who serves as chairman shall be eligible for reelection by the board to that office. (d) At the first regular meeting held in January the incumbent chairman shall preside until the election of a new chairman. In the event the incumbent chairman is not elected to the new board of commissioners, the member of the board whose age is greatest shall preside until the election of a chairman for the ensuing year. Section 4 . Chairman. The chairman of the board shall: (1) Preside at all meetings of the board unless otherwise adopted by appropriate resolution. The rules of order shall be governed by Roberts Rules of Order unless otherwise adopted by appropriate resolution; (2) Be recognized as the official head of Long County, Georgia, by state, federal, and other authorities; and (3) Generally supervise, direct, and control the administration of the affairs of Long County. Section 5 . Board meetings. The commissioners shall hold at least one session the first Tuesday of each month at the county site in the county courthouse, where the clerk of the board of commissioners shall keep a regular office. At the request of a majority of the commissioners, the chairman may at any

Page 3761

time call an extra session. Written notice of such extra session, including the purpose for which it was called, shall be served on each member. The commissioners shall have a right to adjourn from day to day until they finish their business. Three members shall constitute a quorum and no less than three members shall pass any order on any subject matter, or at any meeting where there are more than three members present they shall not conduct any business or pass on any question unless three board members vote in favor thereof. The vote on all questions shall be shown on the minutes by recording yea and nay vote. The chairman shall vote on all matters before the board. Section 6 . Official signature. All process, original, reissue, or final, citation, notice, deeds, and contracts issued by or on behalf of said board shall be signed by the chairman on behalf of the board under the attest of the clerk. Section 7 . Alternative signatures. Should the chairman or clerk be physically or mentally incapacitated, or, in the case of an emergency or absence from the county be unable to perform his or her respective duties for any reason, then in such event or events, the vice chairman shall be authorized to substitute his signature for, and sign in the place of, the chairman, and the assistant clerk may sign in the place of the clerk to attest to such signature. Section 8 . Vice chairman. At the first regular meeting in January following each regular election of the members of the board of commissioners, the board shall elect a vice chairman. In the event of the absence of the chairman, the vice chairman shall preside at board meetings. In the event of the death, disqualification, or resignation of the chairman, the vice chairman shall perform the duties and have the authority of the chairman until such time as a new chairman is chosen as provided in this Act. Section 9 . Compensation. (a) Each member of the board of commissioners shall be compensated in the amount of $200.00 per month, payable from the funds of Long County. (b) In addition to the compensation provided in subsection (a) of this section, each member of the board shall be paid the reasonable and necessary expenses incurred in carrying out the

Page 3762

duties of that person's office, which shall be paid from the funds of Long County. The board shall by appropriate resolution establish the procedure for submitting claims for the reasonable and necessary expenses incurred. Section 10 . Bond. Before any commissioner shall qualify and perform any of the duties of his office under this Act, he shall give a good bond in the sum of $5,000.00, and that the chairman of the commissioners shall give a bond in the sum of $30,000.00, to be approved by the judge of the Probate Court of Long County and payable to the judge of the Probate Court of Long County for the faithful performance of any and all duties of such office, and the property of the members of said board as well as the securities on either of said bonds, shall be bound from the time of the execution thereof for the payment of any and all liabilities arising from the breach of such bonds, but each for himself and not for each other. The cost of such bond shall be paid from the funds of Long County. Section 11 . Vacancies. (a) Should there be a vacancy in the membership of the board of commissioners because of death, resignation, removal of residency from the county or commissioner district, or for any reason other than expiration of term, then a vacancy shall be filled in the following manner: (1) If the unexpired term is ten months or less, the remaining members of the board of commissioners of said county shall at once appoint his successor to fill out his unexpired term and said successor shall be appointed from the commissioner district where the vacancy occurs. (2) If the unexpired term is more than ten months and a primary election as defined by Code Section 21-2-2 of the O.C.G.A. will be held within 120 days, but not less than 45 days after the occurrence of the vacancy, then the remaining members of the board of commissioners, within 30 days after the occurrence of said vacancy shall appoint a qualified person to serve until the vacancy is filled for the remaining unexpired term by a person elected at a special election called for the same date as the primary election as provided in this paragraph. The election superintendent of Long County shall issue the call for a special election for the purposes of electing a

Page 3763

qualified person to fill the vacancy for the remaining unexpired term, and the election superintendent shall set the date of that special election for the same date as the primary election. The call for that special election shall be issued not more than 45 days nor less than 30 days prior to the date of that special election. In the event the remaining term is more than ten months but the vacancy occurs within less than 45 days prior to the date of the next primary election, as defined in this paragraph, then such vacancy shall be filled in the manner prescribed in paragraph (3) of this section. (3) If the unexpired term is more than ten months and a primary election as defined in paragraph (2) of this section, will not be held within 120 days and at least 45 days after the occurrence of the vacancy, then within 30 days of the occurrence of said vacancy, the election superintendent of Long County shall issue a call for a special election for the purposes of electing a qualified person to fill the vacancy for the unexpired term. The superintendent shall set the date for that special election not less than 30 nor more than 45 days after the date of the issuance of the call. (b) The provisions of Chapter 2 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section. (c) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special primary, no special primary shall be held in such precinct. The proper officials of the unopposed candidate's political party shall certify him as the party nominee for the office involved for the purpose of having his name placed upon the special election ballots or ballot labels. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify any such unopposed candidate as nominated in the same manner as he certifies other candidates nominated pursuant to Code Section 21-2-493 of the O.C.G.A.

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Section 12 . Clerk of the board. The board of commissioners shall appoint a person as clerk of the Board of Commissioners of Long County. The clerk shall give bond in the amount of $30,000.00 to be approved by the judge of the probate court of Long County and payable to the county for the faithful performance of any and all duties of such office. The clerk shall be appointed by a majority vote and shall hold office at the will of the board. The clerk shall receive such salary as may be allowed by the board of commissioners. The board of commissioners shall record all their proceedings in the conduct of the county business, and it shall be the duty of the board to keep a book in which to record the board's minutes and to keep such other books as may be necessary for the use of the county. The board of commissioners shall have a seal which shall be affixed to their proceedings. The board of commissioners shall also have the right to appoint by a majority vote a deputy clerk who shall have the same power and authority of the clerk when acting in place of the clerk, but shall act as clerk only during the disqualifying or absence of the clerk. The deputy clerk shall receive such salary as may be allowed by the board of commissioners and shall hold office at the will of the board. Section 13 . County attorney. (a) The Board of Commissioners of Long County, and every new board elected as provided in this Act, shall appoint a county attorney at its first regularly held meeting on January of each year. The county attorney shall serve at the pleasure of the board and may be discharged upon a vote of a majority of the board. (b) The county attorney shall: (1) Act as a legal advisor, attorney, and counsel to the board of commissioners and all of its officers in matters relating to their official duties; (2) Prepare or supervise preparation of all contracts, bonds, and other instruments in writing in which the county government is concerned; and (3) Perform such other duties as may be required by law, ordinance, or resolution of the board of commissioners.

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(c) All requests for legal opinions from the county attorney shall be made through the chairman of the board of commissioners. (d) The county attorney may not represent any county official or employee if the representation of the county official or employee conflicts with the interest of the county government. In such cases, the board of commissioners shall employ separate counsel to represent the county official or employee if the county government is obligated to provide representation for such county official or employee. (e) If needed, the board of commissioners may appoint an assistant county attorney upon such terms and conditions as the board may consider appropriate. (f) No person who serves as county attorney or assistant county attorney may represent any client before the board of commissioners. No person who is a member of the same law firm as the county attorney or the assistant county attorney may represent any client before the board of commissioners. (g) No person who serves as county attorney or assistant county attorney and no person who is a member of the same law firm as the county attorney or assistant county attorney may represent the Long County Hospital Authority, the Board of Education of Long County, or any municipality located within Long County. (h) The compensation of the county attorney shall be fixed by the board of commissioners and upon such terms and conditions as may be approved by the board. Section 14 . County physician. The board shall have authority to employ a county physician or physicians for the purposes of giving medical attention to prisoners, convicts, and paupers, and any other person requiring the services of a physician in the administration of which the board stands charged. In the employing of a county physician or physicians, the board may, in its discretion, more definitely fix and outline their duties, and shall name the amount of their compensation. Section 15 . Powers and duties of the board of commissioners. The board of commissioners shall have the power to fix

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and establish, by apporpriate resolution or ordinance entered on its minutes, policies, rules, and regulations governing all matters over which the board of commissioners has authority as the governing authority of Long County. Without limiting the generality of the foregoing, the following powers are vested in the board of commissioners: (1) To levy taxes; (2) To fix the rates of all other charges; (3) To make appropriations; (4) To authorize the incurring of indebtedness; (5) To authorize work to be done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law; (7) To establish, abolish, or change election precincts and militia districts according to law; (8) To allow the insolvent lists for the county; (9) To authorize the acceptance for the county of the provisions of any optional statute where the statute permits its acceptance by the governing authority of a county; (10) To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where the same are not fixed by statute;

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(13) To direct and control all the property of the county according to law; (14) To levy a general tax for general purposes and special taxes for particular county purposes; (15) To examine and audit the accounts of all officers, including all county officers, having the care, management, keeping, collecting, or disbursement of money belonging to the county or collected for the county's use and benefit and in bringing them to a settlement; (16) To examine, settle, and allow all claims against the county; (17) To regulate peddling and fix the cost therefor and to fix the cost for licenses for the sale of spirituous liquors and alcoholic beverages and to fix the costs for the exhibition of shows in the county; (18) To enact any ordinances or other legislation the county may be given authority to enact; (19) To determine the priority of capital improvements; (20) To call elections for the voting of bonds; (21) To exercise all of the power and authority vested by law in the judge of the probate court when sitting for county purposes; (22) To fix, levy, and assess license fees, charges, or taxes on all persons, firms, and corporations engaging in or offering to engage in any trade, business, calling, avocation, or profession in the unincorporated area of Long County, except businesses which are subject to regulation by the Public Service Commission, and to classify all such persons, firms, and corporations according to the nature, manner, and size of the 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;

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(23) To adopt ordinances and resolutions to govern and regulate all trades, businesses, callings, avocations, or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or when such license is revoked or suspended; (24) To prevent animals from running at large in the county; to regulate the manner and numbers in which animals may be kept; to take up and impound animals and to punish all owners or other persons keeping animals for failure or refusal to obey any ordinance controlling or regulating the keeping of animals and to fix penalties and charges to be paid for the violation of any such ordinance; to provide for the sale and disposition of unclaimed animals impounded; to levy and collect a tax upon dogs in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this paragraph for the public interest; (25) 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 of commissioners pursuant to this or any other law in force in said county; (26) 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; (27) 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; (28) To prohibit or regulate and control the erection and maintenance of signs, billboards, trees, shrubs,

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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; (29) 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 such area of Long County which, while not constituting offenses against the general laws of this state, are deemed by the board of commissioners to be detrimental and offensive to the peace, good order, and dignity of Long County and to the welfare and morals of the citizens thereof; (30) To purchase real property for roads, parks, offices, polling places, and any and all public needs authorized by law which would require the use of real property; and (31) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state. Section 16 . Board as purchasing agent. The board of commissioners shall be the purchasing agent for Long County for all things needed by the different departments of Long County and for the purchase of all other supplies for elected or appointed offices and their office that by law the board of commissioners is required to provide. Section 17 . Purchasing authority. (a) The board of commissioners, any member thereof, or any other county officer authorized by law to use public or county funds for the purchase of goods or property of any kind for public or county purposes shall not purchase such goods or property from any store in which such county governing authority, any member thereof, or other county officer is an employee, or in which he is directly or indirectly interested, or from any person or partnership of which he is a member or by whom he is employed, unless by

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sanction of the majority of the members of the county governing authority or unless it is made clearly to appear that such individual, partnership, or owner of the store offers and will sell the goods or property as cheaply as or cheaper than the same can be bought elsewhere. (b) Any board member or any county officer violating subsection (a) of this section shall be removed from office upon proper proceedings instituted by any taxpayer in the county. Any contract made in violation of subsection (a) of this section shall be illegal. Section 18 . Emergency powers of board. To meet a public emergency threatening life, health, property, or public peace, the board of commissioners may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew, or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least three members of the board of commissioners shall be required for its adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance or resolution shall automatically stand repealed on the sixteenth day following the date on which it was adopted but, if the emergency still exists, the automatic repeal of the ordinance or resolution shall not prevent its reenactment in the manner specified in this subsection. An emergency ordinance or resolution may also be repealed by adoption of the repealing ordinance or resolution in the same manner specified in this section for adoption of emergency ordinances or resolutions. Section 19 . Budgets and appropriations. Prior to the beginning of each fiscal year, the Board of Commissioners of Long County shall prepare an annual operating budget which will cover all expenses and costs of operating the offices and departments of the county. The board of commissioners shall have

Page 3771

published in the official organ of the county, prior to formal adoption of the budget, a copy of the prepared budget. After such publication and at its next regular meeting, the board shall formally adopt a budget for the ensuing fiscal year. Upon adoption by the board, it shall be unlawful to transfer monies from the account of one department to the account of another department or to authorize the expenditure of funds for purposes other than those specifically included in the budget unless the board by appropriate resolution adopted by said board authorizes the transfer of funds from one department to another to meet the needs of the governing authority of Long County. Section 20 . Gifts and contributions. The board of commissioners may receive contributions for the improvement of the public roads of the county from persons who own property along the same, or from any other person who may be interested in the improvement of the roads, and such contributions, when received, shall be used for the improvement of the road designated by the contributor, and it shall be the duty of the clerk to receive such contributions and to disburse the same, as directed by the commissioners, and he shall keep a book of accounts which should correctly show all such contributions, from whom received and a correct disbursement of the same, to whom paid, and shall take and file receipts for all such disbursements and for any misappropriation of any such funds, he and his securities on his bond shall be liable therefor. Section 21 . Penalties. The board of commissioners is authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances or resolutions adopted by the board to carry out any of the provisions of this Act or of any other law and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $500.00, imprisonment in the county jail for 30 days, or labor on the work gang for 60 days for any single offense, or any combination thereon. Section 22 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase

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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 23 . Compliance with Section 5 of the Voting Rights Act of 1965. The within procedure for election of the Board of Commissioners of Long County is in compliance with the Consent Decree, Order, and Judgment in the case of Willie T. Glover, et al. vs. Long County, Georgia Board of Commissioners, et al. , Civil Action No. CV 287-20 in the United States District Court for the Southern District of Georgia, Brunswick Division, the United States Department of Justice having interposed no objection by letter dated July 9, 1987, in correspondence WBR: LLT: PRD: gmh: sw; DJ 166-012-3; S1562-1563; S3225-3227. Section 24 . An Act establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, is repealed in its entirety. Section 25 . 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 1988 session of the General Assembly of Georgia a bill to recreate and establish the Board of Commissioners of Long County; to provide for commissioner districts; to provide for elections and terms of office; to provide for a chairman and vice-chairman; to provide for meetings and procedures; to provide for compensation; to provide for bonds; to provide for vacancies; to provide for a clerk; to provide for a county attorney; to provide for a county physician; to provide for powers, duties, and authority of the board; to provide for purchasing; to provide for emergency powers; to provide for budgets and appropriations; to provide for gifts and contributions; to provide for penalties; to provide for severability; to provide for the specific repeal of certain local Acts; to provide for other matters relative to the foregoing; and for other purposes.

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This 5th day of January, 1988. /s/ A. Rahn III Long County Attorney STATE OF GEORGIA COUNTY OF LONG AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared John Eden, who, being first duly sworn, deposes and says: that he is Editor of THE LUDOWICI NEWS a newspaper published, issued, and entered as second class mail in the City of Ludowici in said County and State; that he is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in THE LUDOWICI NEWS on the following date: January 7, 1988 and that the said newspaper in which such notice, paper, document, or legal advertisement was published, was at the time of each and every such publication, a newspaper of General Circulation in Ludowici, Long County, Georgia. This 11th day of January, 1988. /s/ John F. Eden, Sr. Sworn to and subscribed before me, this 11th day of January, 1988. /s/ Lynn S. Rice Notary Public MY COMMISSION EXPIRES OCT. 7, 1991 (SEAL) Approved March 10, 1988.

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OCONEE COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 858 (House Bill No. 1379). AN ACT To amend an Act creating the board of commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the compensation of the chairman and the 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 August 18, 1917 (Ga. L. 1917, p. 384), as amended, is amended by striking Section 12 and inserting in its place 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 $12,000.00 per annum, payable in equal monthly installments from the funds of Oconee County. (b) The remaining members of said board shall each be paid the sum of $4,800.00 per annum for their services, said sum to be paid in equal monthly installments from the funds of Oconee County. Section 2 . This Act shall become effective on January 1, 1989. 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 1988 session of the General Assembly of Georgia a bill to amend

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an Act creating the board of commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 334), as amended, so as to change the compensation of the chairman and the other members of the board of commissioners of Oconee County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 6th day of January, 1988. PAUL C. BROUN Senator District 46 FRANK E. STANCIL Representative District 66 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, 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 date: January 14, 1988. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 22nd day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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TIFTON JUDICIAL CIRCUITJUDGES; SALARY SUPPLEMENT. No. 859 (House Bill No. 1459). AN ACT To authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the Tifton Judicial Circuit; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The governing authorities of Irwin County, Tift County, Turner County, and Worth County are authorized to supplement the compensation of each superior court judge of the Tifton Judicial Circuit in an amount to be determined within the discretion of the governing authority of each county. Any such supplement shall be paid in monthly installments from the funds of each such county. (b) Any supplement authorized by this Act shall be in addition to the compensation, expenses, and allowances received by the judges of the superior court of the Tifton Judicial Circuit from the State 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 authorities of 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 given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to authorize salary supplements for the judges of the superior courts

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of the Tifton Judicial Circuit; to provide that such supplements shall be paid by funds of the counties in the Tifton Judical Circuit; to provide for all related matters; to repeal conflicting laws; and for other purposes. This 19th day of January, 1988. William J. Forehand John D. Crosby 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 Ocilla Star which is the official organ of Irwin County, on the following date: January 21, 1988. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to authorize salary supplements for the judges of the superior courts of the Tifton Judicial Circuit; to provide that such supplements shall be paid by funds of the counties in the Tifton Judicial Circuit; to provide for all related matters; to repeal conflicting laws; and for other purposes. This 19th day of January, 1988.

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William J. Forehand John D. Crosby January 23, 1988 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 date: January 23, 1988. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to authorize salary supplements for the judges of the superior courts of the Tifton Judicial Circuit; to provide that such supplements shall be paid by funds for all related matters; to repeal conflicting laws; and for other purposes. This 19th day of January, 1988. William J. Forehand John D. Crosby GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick, who, on

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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 Wiregrass Farmer which is the official organ of Turner County, on the following date: January 21, 1988. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a bill to change the supplement to the compensation of the Judges of Superior Court, Tifton Judicial Circuit and for other purposes. This 13th day of January, 1988. W. W. Mims, Chairman Board of Commissioners Worth County, Georgia NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to authorize salary supplements for the judges of the Superior Courts of the Tifton Judicial Circuit; to provide that such supplements shall be paid by funds of the counties in the Tifton Judicial Circuit; to provide for all related matters; to repeal conflicting laws; and for other purposes.

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This 18th day of January, 1988. William J. Forehand, John D. Crosby 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 Sylvester Local News which is the official organ of Worth County, on the following date: January 21, 1988. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. COLUMBUS, GEORGIABOARD OF TAX ASSESSORS. No. 860 (House Bill No. 1421). AN ACT To amend the charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to change the

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provisions relating to the Board of Tax Assessors for the consolidated government; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is amended by striking Section 4-624 in its entirety and substituting in lieu thereof a new Section 4-624 to read as follows: Section 4-624. Board of Tax Assessors. There is created a Board of Tax Assessors for the consolidated government, which shall consist of five members appointed by the Council for six-year staggered terms of office as specified by ordinance of the Council. It shall be the duty of the Board to equalize and assess tax returns on all property, real, and personal, in Columbus, Georgia, subject to taxation, in such manner as to provide that each property owner will pay a tax in proportion to the value of his, her, or its property. The Board of Tax Assessors shall perform such functions as are conferred upon county boards of tax assessors generally by the Constitution and laws of Georgia, and it shall exercise and perform such other powers, functions, and duties as may be required by ordinance or resolution of the Council. The Board shall annually elect one of its members as chairman and its members shall receive such compensation as fixed by ordinance of the Council. No person shall hold or perform the duties of tax assessor unless his or her qualifications shall meet the requirements established by O.C.G.A. Section 48-5-291. 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 January, 1988 Session of the General Assembly of Georgia, a bill amending the Charter of the County-wide government of

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Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said Charter, approved October 5, 1971 (Ga. L. 1971, Ex. Sess. p. 2007), as amended, so as to provide for a five-member Board of Tax Assessors for the Consolidated Government, to provide that said Board members shall meet the qualifications established by O.C.G.A. 48-5-291; to prohibit full-time employees of the Consolidated Government other than the Chief Appraiser from serving on said board, and to define the duties of board members and the method for providing them compensation. This the 15th day of January, 1988. /s/ Thomas B. Buck, III THOMAS B. BUCK Representative 95th District 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 date: January 15, 1988. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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GAINESVILLE AREA PARK COMMISSIONNAME CHANGED; MEMBERSHIP INCREASED; PURPOSES. No. 861 (House Bill No. 1784). AN ACT To amend an Act creating the Gainesville Area Park Commission, approved March 26, 1980 (Ga. L. 1980, p. 4054), so as to change the name of the commission; to increase the membership of the commission; to provide for the identity of the membership of the commission; to expand the purposes of the commission; to provide 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 Gainesville Area Park Commission, approved March 26, 1980 (Ga. L. 1980, p. 4054), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Short title. This may be cited as the `Chicopee Woods Area Park Commission Act. Section 2 . Said Act is further amended by striking subsection (b) of Section 2 in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) The body corporate and politic created by subsection (a) of this section and known as the `Gainesville Area Park Commission' is hereby renamed as the `Chicopee Woods Area Park Commission.' The change of name or of composition of the commission shall in no way affect the vested rights of any person under this Act or impair the obligations of any contracts under this Act. (c) The commission shall consist of 11 members, all of whom shall reside within the bounds of Hall County, Georgia. Four of such members shall be appointed by the commissioners of the City of Gainesville (hereinafter the `city'), one of

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which shall be the mayor of the City of Gainesville, or his designee, who shall be a commissioner of the City of Gainesville, five members shall be appointed by the board of commissioners of Hall County (hereinafter the `county'), one of which shall be the chairman of the board of commissioners of Hall County, or his designee, who shall be a member of the board of commissioners of Hall County, and two members shall be appointed by the commission. The following named persons shall initially serve as members of the commission for the period of time indicated for each person respectively, to wit: (1) From the date of the approval of this Act until March 26, 1989, and until their successors are appointed and assume office, Ed Wayne, appointed by the city; Foster Watkins, appointed by the county; and Ray McRae, appointed by the commission; (2) From the date of the approval of this Act until March 26, 1990, and until their successors are appointed and assume their duties, Pierce Hancock, appointed by the city; Roger Bower, appointed by the county; and Jack Burd, appointed by the commission; (3) From the date of the approval of this Act until March 26, 1991, and until their successors are appointed and assume their duties, James E. Mathis, Sr., appointed by the county; Dr. John Davis, appointed by the city; and Eugene Mooney, appointed by the county; (4) The current chairman of the board of commissioners of Hall County, Jerry Nix, and the current mayor of the City of Gainesville, Ernest Moore, or their respective designees shall be members of the commission until their successors as chairman and mayor, respectively, have been selected and have assumed the duties of such offices. Upon the expiration of the term of office of each of the above-named members, the vacancies created by the expiration of said terms, except for the position of chairman of the board of commissioners of Hall County and the mayor of the City of Gainesville, shall be filled by an appointment by the respective governing authority who appointed the member who

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last filled the office that is vacant. Each member so selected shall serve for a term of three years. Vacancies occurring other than by expiration of the term of office shall be filled in like manner for the balance of the term. The commission shall elect one of its members as chairman and another member as vice-chairman and it shall also elect a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the commission and, if not a member, he or she shall have no voting rights. A majority of the members of the commission shall constitute a quorum necessary for the transaction of business and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action authorized and permitted by law. No vacancy shall impair the right of the quorum to transact any and all business in accordance with the foregoing procedure. The members of the commission shall serve without compensation except that they shall be reimbursed for actual expenses incurred in performance of their duties. The commission shall make rules and regulations for its own government. It shall have perpetual existence. Seciton 3 . Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows: Section 23. Purpose of the commission. Without limiting the generality of any provisions of this Act, the general purposes of the commission are declared to be: acquiring, constructing, equipping, maintaining, and operating a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas and facilities, stadiums, athletic fields and courts, clubhouses, gymnasiums, auditoriums, gymnatoriums, and related buildings, golf courses, pavilions, farmers' markets, nature study centers, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease or sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas; and doing any and all things

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deemed by the commission necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Seciton 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION. Notice is hereby given there will be introduced at the regular 1988 Session of the General Assembly for the State of Georgia, a bill to amend an Act creating the Gainesville Area Park Commission so as to change the name of said Commission from Gainesville Area Park Commission to The Chicopee Woods Area Park Commission; to increase the number of members of said Commission from seven to eleven members; to provide for membership of the Commission, their terms of office and for the appointment of replacement members; to expand the purposes of the Commission; to repeal conflicting laws and for other purposes. Joe T. Wood, Representative 9th District Post 1 Bobby Lawson Representative 9th District Post 2 Jerry D. Jackson, Representative 9th District Post 3 Nathan Deal, State Senator 49th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following date: February 11, 1988. /s/ Jerry D. Jackson Representative, 9th District

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Sworn to and subscribed before me, this 17th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 10, 1988. CITY OF PELHAMBOARD OF EDUCATION; DISTRICTS; ELECTIONS; TERMS; TAX. No. 862 (House Bill No. 1845). AN ACT To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), so as to continue the City of Pelham public school system and the board of education therefor; to provide for the composition, rights, duties, obligations, liabilities, and powers of that board; to provide for school districts; to provide for qualifications, terms, and elections of members of that board; to provide for temporary indebtedness of the board; to provide for a tax for the support and maintenance of the school system and for a reduction in the tax rate; 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 Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), is amended by adding immediately following Article VI thereof a new article to read as follows: ARTICLE VI-A Section 6A.10. City of Pelham public school system. (a) The City of Pelham public school system existing on

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the date immediately preceding the effective date of this Act is continued in existence. That system shall continue to be under the control and management of the board of education of the City of Pelham, sometimes referred to in this section as the `board.' That board shall continue to be composed of seven members, and three of those members shall be elected from District 1 and the remaining four members shall be elected from District 2, as such districts are described in subsection (d) of this section. (b) No person may offer for election to the board unless that person resides in the district from which that person offers for election. A member of the board must continue to reside in the district from which that person is elected during that member's term of office, and upon removing such residence from that district that member shall thereby create a vacancy in that office. The qualifications for members of the board shall otherwise be the same as for the city council. (c) Election for members of the board shall be held annually on the second Tuesday in January at the city general elections. Only those persons residing within a district shall be qualified to vote for members of the board of education from that district. All elections for members of the board shall be by plurality vote and shall be nonpartisan and without any primary. (d) (1) For purposes of electing members of the board of education under this section, the City of Pelham is divided into two districts as follows: District 1 Pelham Tract 9904 That part of Blocks 105 and 106 within the corporate limits of Pelham Blocks 107 through 112 That part of Block 114 within the corporate limits of Pelham except those houses which currently or in the future are constructed fronting on Hand Avenue

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Blocks 128 through 141 and 148 through 150 Blocks 201 through 207 and 212 District 2 Pelham All that part of Tract 9902 within the corporate limits of Pelham Tract 9904 Those houses in Block 114 within the corporate limits of Pelham which currently or in the future are constructed fronting on Hand Avenue That part of Block 127 within the corporate limits of Pelham Blocks 142 through 147 Blocks 208 through 211, 213 through 219, 221 through 230, 232 through 235, 237 through 240, 242 through 246, and 248 through 250 That part of Block Group 3 within the corporate limits of Pelham (2) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same georgraphical 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. (3) Whenever the description of any district refers to Pelham or the City of Pelham, 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. (4) Any part of the City of Pelham which is not included in any district described in this subsection 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. (e) Those two members of the board elected in 1987 for two-year terms from District 1 and that one member of

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the board elected in 1987 for a two-year term from District 2 shall continue to serve out their respective terms of office, which shall expire at the first regular meeting of the board in February, 1989, and upon the election and qualification of their respective successors. Those two members of the board elected in 1988 for two-year terms from District 2 and that one member of the board elected in 1988 for a two-year term from District 1 shall continue to serve out their respective terms of office, which shall expire at the first regular meeting of the board in February, 1990, and upon the election and qualification of their respective successors. That one member of the board elected in 1988 for a one-year term from District 2 shall continue to serve out that person's term of office, which shall expire at the first regular meeting of the board in February, 1989, and upon the election and qualification of that person's successor. Any person selected to fill a vacancy in office of a member of the board whose term of office is described in this subsection shall serve, instead of that member, the term so described. (f) (1) At the city general election held in 1989 and biennially thereafter, there shall be elected two board members from District 1 and two board members from District 2. Such members shall take office at the first meeting of the board in February following that election and serve for terms of two years each and until their respective successors are elected and qualified. (2) At the city general election held in 1990 and biennially thereafter, there shall be elected one board member from District 1 and two board members from District 2. Such members shall take office at the first meeting of the board in February following that election and serve for terms of two years each and until their respective successors are elected and qualified. (g) The board of education as constituted pursuant to this section shall succeed to all property rights, choses in action, rights, duties, obligations, and liabilities and exercise all the powers possessed by the board of education of the City of Pelham existing immediately prior to the effective date of this Act. (h) The board is authorized to incur temporary indebtedness not to exceed 75 percent of the total gross revenue collected

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by the city for the board for the immediately preceding fiscal year from taxes collected for educational purposes. (i) The City of Pelham shall have the right to levy an ad valorem tax not to exceed 18 mills on all the property, real and personal, within the corporate limits of that city which is taxable under the laws of this state for the purpose of supporting and maintaining the schools of the City of Pelham school system. The millage rate authorized by this subsection shall be reduced under the conditions provided in the constitutional amendment relating to a 1 percent sales and use tax for educational purposes for the Mitchell County and Pelham Independent School Districts (Ga. L. 1982, p. 2643), as that amendment was continued in force and effect by an Act approved March 18, 1985 (Ga. L. 1985, p. 3719). Section 2 . 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 1988 Session of the General Assembly of Georgia; a bill to amend an act providing a new Charter of the City of Pelham, approved 3-11-77 Ga. Laws (1977 pg. 30-34) as amended; and for other purposes. Randall E. Chew City Attorney of Pelham Mitchell County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: February 12, 1988. /s/ A. Richard Royal Representative, 144th District

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Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. COBB COUNTYCIVIL SERVICE SYSTEM; REMOVAL OF JUVENILE COURT OFFICER FROM JURISDICTION OF SYSTEM. No. 863 (House Bill No. 1687). AN ACT To amend an Act authorizing the establishment of a Civil Service System in Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, so as to remove from the jurisdiction of such system the Director of Juvenile Court Services of the Juvenile Court of Cobb County and provide for the appointment, compensation, and other terms of employment for that office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act authorizing the establishment of a Civil Service System in Cobb County, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, is amended by adding after Section 5.1 a new section to read as follows: Section 5.2. Notwithstanding any other provisions of this Act, the Director of Juvenile Court Services for the Juvenile Court of Cobb County shall not be included under the jurisdiction of the Cobb County Civil Service System but

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shall be appointed, compensated, and have established other terms of employment as provided in Code Section 15-11-9 of the O.C.G.A. 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 1988 session of the General Assembly of Georgia a bill to amend an Act relating to the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County approved March 10 1964 (Ga. L. 1964, p. 2502) as amended; and for other purposes. This the 8th day of January 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herman Clark, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to

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Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 8, 1988. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 9th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. CITY OF ATHENSREDEVELOPMENT POWERS; REFERENDUM. No. 864 (House Bill No. 1666). AN ACT To amend an Act providing a new charter for the City of Athens in Clarke County, approved April 11, 1979 (Ga. L. 1979, p. 3770), as amended, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law, as now or hereafter amended, and provide for certain such powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Athens in Clarke County, approved April 11, 1979 (Ga. L. 1979,

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p. 3770), as amended, is amended by adding following subsection (d) of Section 1-102 a new subsection (e) to read as follows: (e) The city shall have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended, provided for by Chapter 44 of Title 36 of the O.C.G.A. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution, and the power to enter into contracts with private persons, firms, corporations, and business entities for the period specified in the `Redevelopment Powers Law.' Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Athens shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Athens for approval or rejection. The election superintendent shall conduct that election on the general election date in November, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Clarke County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which authorizes the City of Athens to have and to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the `Redevelopment Powers Law,' as now or hereafter amended? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section,

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the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Athens. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective only under the terms and conditions specified in Section 2 of the Act. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the 1988 regular session thereof for the passage of an Amendment to the City Charter so as to authorize the City to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the Redevelopment Powers Law, and to provide for a referendum; and for other purposes. This 25 day of January, 1988. Mayor and Council of the City of Athens, Georgia By: Denny C. Galis City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton E. Stephens, who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following date: January 28, 1988. /s/ Lawton E. Stephens Representative, 68th District

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Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. MORGAN COUNTYMAGISTRATE COURT; LAW LIBRARY FEES. No. 865 (House Bill No. 1651). AN ACT To amend an Act providing changes in the Magistrate Court of Morgan County, approved March 21, 1984 (Ga. L. 1984, p. 4398), as amended, so as to increase the amount collected as law library fees in the magistrate court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing changes in the Magistrate Court of Morgan County, approved March 21, 1984 (Ga. L. 1984, p. 4398), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. Upon the filing of any civil action in the Magistrate Court of Morgan County, the plaintiff shall pay to the clerk of that court, in addition to all other fees, expenses, and deposits required by law, the sum of $3.00, which sum shall be remitted to the treasurer of the board of trustees of the county law library of Morgan County in the manner and for the purposes provided in Chapter 15 of Title 36 of the O.C.G.A.

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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 by the regular 1988 Session of the General Assembly of Georgia a bill to provide for the increase of the maximum assessment of law library fees from $1.00 to $3.00 per case filed with the Morgan County Magistrate Court. This 19th day of January 1988. /s/ Frank Stancil Representative, 66 District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, 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 Madisonian which is the official organ of Morgan County, on the following date: January 28, 1988. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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CLASSIC CENTER AUTHORITY FOR CLARKE COUNTYCREATION. No. 866 (House Bill No. 1609). AN ACT To create the Classic Center Authority for Clarke County, Georgia, so as to provide for the public purpose of the authority; to provide for the membership of the authority; to provide for the appointment of members and their terms of office; to provide for expenses of members; to authorize the authority to issue rules and regulations; to require the maintenance of records and books of the authority; to provide for application of the county code of ethics; to provide for application of the county policy on minority participation; to provide for certain exemptions from taxation; to provide for powers and duties of the authority; to provide for the issuance of revenue bonds; to provide that such revenue bonds shall be deemed securities and legal investments; to provide for the distribution of proceeds of such bonds; to provide for contracts for the use of the facilities of the authoirty; to provide that such contracts shall constitute general obligations of any political subdivision entering into such contract; to authorize the authority to fix and collect rents, fees, and charges on projects of the authority; to provide for the distribution of such revenues; to provide for a sinking fund; to provide for the form of the bonds; to provide for trust agreements or indentures as security for such bonds; to provide for the protection of interests of bondholders; to provide for venue and jurisdiction of actions to enforce or protect interests of bondholders; to provide for the validation of bonds; to provide for perpetual existence of the authority; to provide that all moneys received shall be considered trust funds; to provide for construction; to provide that powers granted by this Act shall be deemed supplementary; to provide for all matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Creation; purpose. (a) There is created a body corporate and politic to be known as the Classic Center

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Authority for Clarke County, 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 purpose of the authority shall be for the development and promotion in Clarke County and in this state of public projects for the cultural growth, public welfare, education, and recreation of the people of Clarke County and of this state, including the acquisition and construction of a building or buildings and related facilities, which shall be declared to be public buildings and structures, to be used for amusement, recreational, civil, cultural, parking, and educational purposes or a combination thereof, including fairs, expositions, exhibits, conventions, conferences, public meetings or gatherings, concerts, theaters, and for such other activities as are designed and intended to promote tourism and the arts, and for the purchase of land, easements, rights in land, and franchises for the construction of such facility or facilities and for use in connection therewith and any funds realized by said authoirty shall be expended for such purpose. Section 2 . Members. (a) The authority shall consist of five members, who shall be appointed by the governing authority of Clarke County, Georgia. No elected or appointed official of any government or government agency shall be eligible to serve on said authority. The initial members shall be appointed for the following terms: one member for a term of two years; two members for a term of three years; and two members for a term of four years. Thereafter, all appointments shall be for terms of four years, except that the appointment of any person to fill any unexpired term at any time shall be only for the remainder of such term. However, in no event shall a member serve for more than eight consecutive years. (b) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall elect one of its members as chairman and one as vice chairman and shall elect a secretary-treasurer, who may or may not hold membership on the authority; however, if such secretary-treasurer is not a regularly appointed

Page 3801

member of the authority, said position shall be ex officio. The officers shall serve for such terms as shall be prescribed by the rules of the authority or until their successors are elected and qualified. (c) 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 at every meeting, but in every instance the affirmative vote of at least three members of the authority shall be required to authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds as provided for in this Act. (d) The members of the authority shall not be entitled to compensation for their services but shall 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 may employ professional staff and technical supervisors, assistants, and experts and any other agents and employees, temporary or permanent, it shall deem necessary and it shall establish the policies, rules, and regulations for the operations of its facilities as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and all income and receipts of every nature and of all expenditures of every kind. The financial books and records of the authority shall be audited annually by the same auditor employed to audit the books and records of the Clarke County government and said audit shall be paid for by the authority and copies shall be furnished to the Board of Commissioners of Clarke County. Said audit shall be public record. (e) The code of ethics applicable to the employees of the Board of Commissioners of Clarke County shall also be applicable in like force and effect to the members and employees of the authority. (f) The policy pertaining to minority business participation applicable to the Board of Commissioners and departments of Clarke County shall also be applicable in like force and effect to the members and employees of the authority.

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Section 3 . Public property. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of Clarke County and of this state and that the authority is an institution of purely public charity and that all property of said authority is and shall in all respects be considered to be public property and title to such property shall be held by the authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is declared to be for public and governmental purposes. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of public facilities. Should the authority ever be dissolved for any reason, the total of real property and other assets held by the authority shall revert to the Board of Commissioners of Clarke County. 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 not limited to, the following powers: (1) To adopt and alter a corporate seal; (2) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises and personal property necessary or convenient for its corporate purposes and to use, lease, and dispose of real and personal property in any manner it deems to be to the best advantage of the authority and the purposes thereof. Title to such property, however, shall be held by the authority only for the benefit of the public; (3) To accept, receive, and administer gifts, grants, loans, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States or the State of Georgia or any agency, department, authority, or instrumentality of either upon such terms and conditions as the United States, the State of Georgia, or such agency, department, authority, or instrumentality shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all

Page 3803

of its property and assets; provided, however, that the sale, transfer, encumbrance, or conveyance of real property shall require the prior approval of the Board of Commissioners of Clarke County; (4) To borrow money for any of its corporate purposes and, with the prior approval of the governing authority of Clarke County, to issue revenue bonds payable from the earnings of the projects of the authority; to execute trust agreements or indentures; and to sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the holders thereof; and to provide for foreclosure or forced sale of any property of the authority upon default either in payment of principal or of conditions pursuant to which such obligations were issued; (5) To contract with the State of Georgia and the agencies, instrumentalities, departments, and political subdivisions thereof and with private persons and corporations in such manner as the legitimate and necessary purposes of this Act shall authorize or require, including contracts for construction and leasing, as lessor or as lessee, or projects which it causes to be erected or acquired; (6) To construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage public projects, including the erection of a building or buildings in Clarke County, Georgia, which shall be and are declared to be public buildings, to be used for amusement, recreation, civic, cultural, and educational purposes or a combination thereof, including fairs, expositions, concerts, theater, and such other activities as are designed and intended to promote education, culture, and tourism; and to purchase lands, easements, rights in land, and franchises for the construction of such facility or facilities and for use in connection therewith, the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the authority, as provided for in this Act, and the title to such property to be held by the authority only for the benefit of the public; (7) With the prior approval of the governing authority of Clarke County, Georgia, to issue revenue bonds as authorized,

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defined, and provided for in this Act and in Article 3, Chapter 82, Title 36 of the O.C.G.A., known as the Revenue Bond Law, in order to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, addition to, or extension of any such project, which bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest; (8) With the prior approval of the governing authority of Clarke County, Georgia, to issue revenue bonds; to call, refund, or refinance in whole or in part all outstanding revenue bonds secured by the anticipated revenue of such project; and to include in the amount of such refunding bonds all interest and any call premium that may be required for the redemption and refunding of such outstanding bonds; (9) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereto and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; and (10) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds at a price of not more than the call price thereof and accrued interest, but bonds so purchased shall be canceled and shall not be reissued. Section 5 . Power under revenue bond law. In addition to the foregoing powers and subject to any limitations herein contained, the authority shall have all the powers of municipalities under the provisions of Article 3, Chapter 82, Title 36 of the O.C.G.A., known as the Revenue Bond Law, and shall have the power to expend such sums as may be necessary for the survey, study, financing, construction, and completion of any such project and the placing of the same in operation. Section 6 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not constitute a debt or a

Page 3805

pledge of the faith and credit of Clarke County, Georgia, but such bonds shall be payable solely from the rentals, revenues, and funds of the authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds. The issuance of such bonds shall not obligate the county to levy or pledge any form of taxation whatsoever for the payment thereof or to make any appropriation for their payment, and such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this Act. Section 7 . Legal investments. The bonds herein authorized are made securities in which all public officers and bodies of this state and all political subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital, in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all political subdivisions thereof for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. Section 8 . Contracts for use of projects. The authority may contract with one or more political subdivisions of this state for the payment of rents, fees, and charges for the use of the projects or projects and facilities of the authority by the political subdivisions or the residents thereof or for the payment by the authority for the use of any public property of the political subdivision. The rentals contracted to be paid by the lessees or tenants to the authority under the contract entered into pursuant to the provisions of this Act shall constitute general obligations of the political subdivision, and the full faith and credit of the political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract. Any political subdivision which shall have entered into a contract

Page 3806

pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of the contract include in the general revenue or appropriation measure sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event that for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations of such contract as authorized and required, which amounts shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. The fiscal officers of the political subdivision shall make such payment to the authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such structure, building, or facilities constituting such project and none other. Section 9 . Revenue bonds. Subject to the limitations contained in this Act, the authority shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or a combination of its projects. The principal of and interest on such revenue bonds shall be payable from and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall mature, and shall be payable as to both principal and interest as may be determined by the authority within the terms of Article 3, Chapter 82, Title 36 of the O.C.G.A., known as the Revenue Bond Law, except as to any limitation as to interest which may be contained therein, and the bonds may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. If the

Page 3807

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 deposited as may be directed in the resolution or trust instrument providing for the issuance of and security for such bonds. Section 10 . Rental revenue. (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 cost of which shall include all elements of costs authorized by Article 3, Chapter 82, of Title 36 of the O.C.G.A., known as the Revenue Bond Law, 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 to: (1) 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) Pay the principal and interest on such revenue bonds as the same shall become due, including premiums, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, including all elements of cost authorized by Article 3, Chapter 82, Title 36 of the O.C.G.A., known as the Revenue Bond Law; (3) 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) Perform fully all provisions of such resolution or trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) Accumulate any excess income which may be required by the purchasers of such bonds or which may be

Page 3808

dictated by the requirements of such resolution or trust agreement or indenture or by the need to achieve ready marketability of and low interest rates on such bonds; and (6) Pay any expenses in connection with such bond issue or such project or projects including, but not limited to, trustees, counsel, and fiscal fees. (b) The rentals 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 the rental may provide for the payment of rental charges during such times as the project or projects may be partially or wholly untenable. (c) The 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, and consent may be given for the institution of any such action. (f) The authority shall be permitted to assign any rental payments due or to become due to the authority, pursuant to any such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement

Page 3809

or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject ot the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 11 . Sinking fund. (a) The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds were issued, may be pledged by the authority to the 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, 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 a sinking fund for which provision may be made in any such resolution or trust instrument, which sinking fund 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 or registrar for such bonds; and (4) Any premium upon bonds retired upon call or purchase. (b) The use and disposition of any sinking fund may be subject to such regulations 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. Except as may otherwise be provided in the resolution or trust instrument, the sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution or the trust instrument, any surplus moneys in the sinking fund may be

Page 3810

applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered. Section 12 . Form of bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the State of Georgia. Section 13 . Trust agreement. In the descretion 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 inside or outside the State of Georgia. Such trust agreement or indenture may pledge or assign rents, fees, charges, revenues, and earnings to be received by the authority and any proceeds which may be derived from the disposition of any real or personal property of the authority or the proceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of foreclosure of any mortgage or encumbrance and the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution or trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or the proceeds of insurance carried thereon; and covenants providing for the operation, maintenance, repair, and insurance of the project may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution

Page 3811

or 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 any bondholder 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 14 . Venue of actions; jurisdiction. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia shall be brought in the Superior Court of Clarke County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall be brought in said court, which shall have exclusive, original jurisdiction of such action. Section 15 . Validation of bonds. All bonds of the authority shall be confirmed and validated in the Superior Court of Clarke County in accordance with the procedure of Article 3, Chapter 82, Title 36 of the O.C.G.A., known as the Revenue Bond Law. The petition for validation shall be brought against said authority and, in the event the payments to be made by any political subdivision under a contract entered into between the authority and such political subdivision are pledged as security for the payment of the bonds sought to be validated, such political subdivision shall also be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such defendants. 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 validation hearing required to be issued and published by the Clerk of the Superior Court of Clarke County, in which court such validation proceeding shall be initiated. Any citizen of the State of Georgia may intervene in the validation proceeding in accordance with the procedure prescribed in Article 3, Chapter 82, Title 36 of the O.C.G.A., known as the Revenue Bond Law, and appeal from the judgment in said proceeding may be taken in accordance with the appellate procedure prescribed in said law. In the event no such appeal is filed within

Page 3812

the time prescribed by law, or if filed, the judgment of the Superior Court of Clarke County so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive. Section 16 . Irrevocable contract. The authority shall have perpetual existence, and, while any of the bonds issued by the authority shall 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 which will affect adversely the interests and rights of the holders of such bonds, and no other authority, instrumentality, or body will be created or empowered to compete with the authority so as to affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the state, the authority, and every holder of the authority's bonds and, upon and after the issuance of bonds under the provisions of this Act, shall constitute an irrevocable contract with the holders of such bonds. Section 17 . Trust funds. All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided in this Act, and bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the authority. Section 18 . Construction. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the proposes hereof. Section 19 . Powers declared supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. The provisions of Article 3, Chapter 82, Title 36 of the O.C.G.A., known as the Revenue Bond Law, which are not in conflict herewith shall be applicable hereto and to the bonds issued hereunder and to any resolution or trust instrument adopted and entered into in order to provide for the payment of such bonds and the

Page 3813

interest thereon. All bonds issued hereunder shall be signed in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities. 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 20 . 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 21 . Effective date. This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without such approval. Section 22 . Repealer. 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 session of the 1988 General Assembly of Georgia a bill to create in and for Clarke County an authority with the power to create, acquire, manage, operate, and otherwise deal with one or more facilities for cultural purposes, for historical purposes, for recreational purposes, or for some combination of such purposes; to provide that such authority shall be a political subdivision of the state and a public corporation; to provide for the membership, powers, duties, operations, and management of such authority, including provisions for the conditional issuance and payment of public debt by the authority and the formation of contractual relationship between the authority and Clarke County and other governmental entities; to provide for related matters; to repeal conflicting laws; and for other purposes.

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This 14th day of December, 1987. BOARD OF COMMISSIONERS CLARKE COUNTY, GEORGIA By: H. Russell Crider Administrator GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawton Evans Stephens, who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following date: December 17, 1987. /s/ Lawton Evans Stephens Representative, 68th District Sworn to and subscribed before me, this 27th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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HABERSHAM COUNTYMAGISTRATE COURT; JUDGE OF PROBATE COURT AS CHIEF MAGISTRATE; TERMS; VACANCIES; COMPENSATION. No. 867 (House Bill No. 1602). AN ACT To provide that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County; to provide for the term, filling of vacancies, and compensation for the office of chief magistrate; to provide for constables; to provide an effective date; to provide for automatic repeal of this Act; 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 local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A. Section 2 . (a) The judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County. There shall be no separate election for the office of chief magistrate at the primary and general elections in 1988 for the term of office commencing January 1, 1989, and ending December 31, 1992. The term of the chief magistrate shall be concurrent with the term of the judge of probate court. In the event of a vacancy during such term of office, the person assuming the position of judge of the probate court shall additionally assume the position of chief magistrate. (b) The probate judge shall be compensated in the amount of $2,400.00 per year by the governing authority of Habersham County for his services as chief magistrate, payable in equal monthly installments out of the funds of the county. Section 3 . The sheriff of Habersham County and his deputies shall perform the duties of constables for the Magistrate Court of Habersham County. Such officers shall not be entitled to additional compensation for such duties.

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Section 4 . This Act shall become effective on April 1, 1988. Section 5 . This Act shall stand repealed effective December 31, 1992. 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 1988 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Habersham County shall serve as the chief magistrate of the Magistrate Court of Habersham County; to provide for the term, compensation, and filling of vacancies in the office of the chief magistrate; to provide for constables; to provide for related matters; to provide an effective date; and for other purposes. This 16th day of January, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following date: January 21, 1988. /s/ William J. Dover Representative, 11th District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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DEKALB COUNTYSTATE COURT; DEPUTY CLERKS. No. 868 (House Bill No. 1585). 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 provide for the appointment of deputy clerks; 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 State Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is amended by striking Section 23 thereof in its entirety and inserting in lieu thereof a new Section 23 to read as follows: Section 23. The clerk of the State Court of DeKalb County shall, with the approval of the judges of the State Court of DeKalb County and the governing authority of DeKalb County, have the authority to appoint such deputy clerks as the clerk, at his discretion, determines are necessary. Deputy clerks so appointed shall serve at the pleasure of the clerk. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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, approved February 14, 1951, (Ga. L. 1951, P. 2401), creating the Civil Court of DeKalb County, and Acts amendatory thereof, and as amended (being the State

Page 3818

Court of DeKalb County), to provide for the procedure, salaries of Judges of said Court and for other purposes. Judge Jack B. Smith State Court of DeKalb County Judge Anne Workman State Court of DeKalb County Judge Mathew Robins State Court of DeKalb County Judge Linda Warren Hunter State Court of DeKalb County Judge Jack M. McLaughlin State Court of DeKalb County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, 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 date: January 21, 1988. /s/ M. M. Oliver Representative, 53rd District Sworn to and subscribed before me, this 27th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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RABUN COUNTYTAX COMMISSIONER; SCHOOL TAXES. No. 869 (House Bill No. 1573). AN ACT To provide that the tax commissioner of Rabun County shall not retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Rabun 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 repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The tax commissioner of Rabun County shall remit all educational funds collected by said officer of the board of education of Rabun County. No percentage of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Rabun County to reimburse the county for the cost of collecting school taxes. Section 2 . It is the intention of this Act to reduce to zero 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 enacted pursuant to the specific authority of Article VIII, Section VI, Paragraph III of the Constitution of the State of Georgia. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION. Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a bill to eliminate the need to collect the 2% commission from the Rabun County Board of Education for the collection of School Tax; and for other purposes.

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This 26th day of January, 1988. Richard A. Godfrey, Chairman Rabun County Board of Commissioners 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 date: January 28, 1988. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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UPSON COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; DISABLED RESIDENTS; REFERENDUM. No. 870 (House Bill No. 1683). AN ACT To provide a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the Upson County School District, for each resident of Upson County who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00; to provide for administration; to provide for a referendum; to provide for all related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) In addition to any other homestead exemption authorized by law, each resident of Upson County who is disabled is granted an exemption from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the Upson County School District, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. For the purposes of this section, the term adjusted gross income shall have the same meaning as that term is defined in the United States Internal Revenue Code of 1986, as now or hereafter amended. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for in this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated

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to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or his agent files an affidavit with the tax commissioner of Upson County, giving the certificate or certificates provided for in this section, the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, provided that, after any such owner has filed the proper certificate or certificates as provided above and has been allowed the exemption provided in this section, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this section. (b) The provisions of this section shall not be applicable to disabled veterans who shall be entitled to the homestead exemption granted especially to disabled veterans. Section 2 . This Act shall apply to all tax years beginning on or after January 1, 1989. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Upson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Upson County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Upson County. The ballot shall have written or printed thereon the words:

Page 3823

() YES () NO Shall the Act which provides a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the Upson County School District, for residents of Upson County who are disabled and whose incomes, together with the incomes of their spouses, do not exceed $10,000.00 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 and 2 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 Upson County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of Upson County who is disabled and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness, but excluding ad valorem taxes for the Upson County School District; to provide for a referendum; and for other purposes. This 30 day of JAN. 1988.

Page 3824

Honorable Marvin Adams Representative, 79th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: February 3, 1988. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 10, 1988. PIKE COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; RESIDENTS 62 OR OLDER; REFERENDUM. No. 871 (House Bill No. 1684). AN ACT To provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead,

Page 3825

exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for applicability; to provide for construction of the provisions of this Act; to provide for the approval or disapproval of this Act by the voters of Pike County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Pike County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within 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, and one or more such titleholders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption

Page 3826

under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1988. Section 2 . (a) The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the homestead exemption granted by Code Section 48-5-52 of the O.C.G.A., relating to exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 years of age or older. (b) If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pike County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Pike County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Pike County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system be approved?

Page 3827

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 and 2 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 Pike County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide that the homestead, but not to exceed $10,000 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for a referendum; and for other purposes. This 27th day of January, 1988. Honorable Marvin Adams Representative, 79th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal Reporter which is the official organ of Pike County, on the following date: February 3, 1988. /s/ Marvin Adams Representative, 79th District

Page 3828

Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 10, 1988. UPSON COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; RESIDENTS 62 OR OLDER; REFERENDUM. No. 872 (House Bill No. 1685). AN ACT To provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness; to provide for applicability; to provide for construction of the provisions of this Act; to provide for the approval or disapproval of this Act by the voters of Upson County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources

Page 3829

of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Upson County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within 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, and one or more such titleholders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1988. Section 2 . (a) The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to: (1) The homestead exemption granted by Code Section 48-5-52 of the O.C.G.A., relating to exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 years of age or older; and

Page 3830

(2) The homestead exemption granted by an amendment to the Constitution found in Ga. L. 1979, p. 1854, and ratified at the 1980 general election. (b) If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Upson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Upson County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Upson County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act which provides that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness, 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 and 2

Page 3831

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 Upson County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for an in behalf of such school system, including taxes to retire bonded indebtedness; to provide for a referendum; and for other purposes. This 30 day of JAN, 1988. Honorable Marvin Adams Representative, 79th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: February 3, 1988. /s/ Marvin Adams Representative, 79th District

Page 3832

Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 10, 1988. BERRIEN COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; RESIDENTS 62 OR OLDER; REFERENDUM. No. 873 (House Bill No. 1695). AN ACT To provide that the homestead of each resident of the Berrien County School District who is 62 years of age or older and who has less than $12,000.00 per year of specified income shall be exempt from Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the school district, in the amount of $15,000.00 of the assessed value of the homestead; to provide qualifications for said exemptions; to provide for other matters related to the foregoing; to provide for a referendum; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The homestead of each resident of the Berrien County School District who is 62 years of age or older and who received less than $12,000.00 of income during the preceding calendar year shall be exempt from Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the school district, in the amount of $15,000.00 of the assessed value of the homestead.

Page 3833

(b) As used in this Act, the income of a person means that person's Georgia net taxable income for Georgia income tax purposes, plus the Georgia net taxable income from all sources of each member of the person's family who resides in the homestead. (c) For purposes of this Act, homestead means homestead as defined and qualified in Code Section 48-5-40 of the Official Code of Georgia Annotated. (d) The exemptions granted by this Act shall apply only to ad valorem taxes levied for the support of the Berrien County School District, including taxes levied to retire bonded indebtedness of the school district. (e) The exemptions granted by this Act shall apply to taxes for the year 1989 and future years. (f) The exemptions granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52; provided, however, that if in any given year the owner of the homestead or any member of the owner's family residing within the homestead is required to file a state income tax return with the Department of Revenue of the State of Georgia, the owner of the homestead shall be required to file with the tax receiver or tax commissioner a copy of any such income tax return so filed. Any person who fails to file a copy of the income tax return as required in this subsection shall not be eligible for the homestead exemption provided for in this Act in the year immediately following the year in which the copy of the income tax return was not filed. Except as expressly provided otherwise in this Act, all provisions of general state law which apply to said exemption shall apply to the exemptions granted by this Act. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Berrien County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Berrien County School District for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide November general election on November 8, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall

Page 3834

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 Berrien County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that the homestead of each resident of the Berrien County School District who is 62 years of age or older and who has less than $12,000.00 per year of specified income shall be exempt from Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the school district, in the amount of $15,000.00 of the assessed value of the homestead? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Berrien County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to provide that the homestead of each resident of the Berrien County School District who is 62 yeas of age or older and who has less than $12,000.00 per year of specified income shall be exempt from

Page 3835

Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the school district, in the amount of $15,000.00 of the assessed value of the homestead; to provide qualifications for said exemptions; to provide for other matters related to the foregoing; to provide for a referendum; to provide for effective dates and automatic repeal; and for other purposes. This 3rd day of February, 1988. Hanson Carter Representative, District 146 February 3, 10, 17, 24 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 Berrien Press which is the official organ of Berrien County, on the following date: February 3, 1988. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 9th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

Page 3836

EMANUEL COUNTYBOARD OF EDUCATION; COMPENSATION. No. 874 (House Bill No. 1698). AN ACT To amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, so as to change the compensation of the chairman and members of that board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, is amended by striking Section 5 thereof, which reads as follows: Section 5. At the first meeting of the board in January, 1983, and at the January meeting biennially thereafter, the board shall elect one of their members as chairman to serve for a term of two years and such other officers as the board shall determine. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $50.00 for each meeting actually attended, plus actual and necessary expenses incurred in carrying out their official duties., and inserting in lieu thereof a new Section 5 to read as follows: Section 5. At the first meeting of the board in January, and at the January meeting biennially thereafter, the board shall elect one of their members as chairman to serve for a term of two years and such other officers as the board shall determine. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $100.00 for each meeting actually attended, plus actual and necessary expenses incurred in carrying out their official duties, except that the compensation of the chairman shall be $125.00 for each meeting actually attended plus actual and necessary

Page 3837

expenses incurred in carrying out the chairman's official duties. Section 2 . All laws and parts of laws in conflict with this Act are repealed. A Notice of Intention to Apply for Passage of Local Legislation Notice is hereby given that at the regular 1988 Session of the General Assembly of Georgia, an application will be made to introduce legislation relative to the compensation of members of the Emanuel County Board of Education, and for other purposes. This 11th day of January, 1988. Emanuel County Board of Education Rountree Cadle, Attorneys GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry J. Parrish, 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 Blade which is the official organ of Emanuel County, on the following date: January 20, 1988. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 10th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

Page 3838

COBB COUNTYTAX COMMISSIONER; EXECUTIVE SECRETARY; COMPENSATION. No. 875 (House Bill No. 1706). 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 March 18, 1986 (Ga. L. 1986, p. 4112), so as to provide for an executive secretary to the tax commissioner; to provide for the compensation of the executive secretary; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act 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 March 18, 1986 (Ga. L. 1986, p. 4112), is amended by designating the current Section 3 as subsection (a) and adding at the end of Section 3 a new subsection (b) to read as follows: (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under his direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $28,800.00 per annum, 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 such approval.

Page 3839

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 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. L. 1949 p. 790), as amended; and for other purposes. This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William A. Atkins, 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 date: January 8, 1988.

Page 3840

/s/ William A. Atkins Representative, 21-3 District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. WORTH COUNTYSTATE COURT; JUDGE; COMPENSATION. No. 876 (House Bill No. 1710). AN ACT To amend an Act establishing a State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, so as to change the salary of the judge of said court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing a State Court of Worth County, approved August 8, 1916 (Ga. L. 1916, p. 314), 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. The judge of the State Court of Worth County shall receive an annual salary of $13,000.00, payable in equal monthly installments on the first day of each calendar month out of the funds of Worth County. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

Page 3841

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a bill to change the compensation of the Judge of State Court of Worth County and for other purposes. This 13th day of January, 1988. W. W. Mims, Chairman Board of Commissioners Worth County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local which is the official organ of Worth County, on the following date: January 13, 1988. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 28th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

Page 3842

HOUSTON COUNTYMOTOR VEHICLE REGISTRATION PERIODS. No. 877 (House Bill No. 1712). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Houston County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Houston County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. 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 1988 session of the General Assembly of Georgia a bill to provide for Staggered Purchase of motor vehicle license plates in Houston County; and for other purposes. This 12th day of January, 1988. Honorable Roy H. Watson, Jr. Representative, 114th District Honorable Larry Walker Representative, 115th District
Page 3843

Honorable Ted Waddle Representative, 113th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy H. Watson, Jr., who, on oath, deposes and says that he is Representative from the 114th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: January 27, 1988. /s/ Roy H. Watson Jr. Representative, 114th District Sworn to and subscribed before me, this 10th day of February, 1988. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission Expires Dec. 19, 1988 (SEAL) Approved March 10, 1988. MONTGOMERY COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; APPOINTMENT; TERMS. No. 878 (House Bill No. 1713). AN ACT To provide for the appointment of the chief magistrate of the Magistrate Court of Montgomery County by the governing authority of Montgomery County; to provide for approval of such

Page 3844

appointments; to provide for terms of office; to provide for the taking of office of the chief magistrate; to provide for the specific repeal of a local Act relating to such magistrate court; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The chief magistrate to succeed the chief magistrate of the Magistrate Court of Montgomery County in office on the effective date of this section and future successors shall be appointed by the governing authority of Montgomery County subject to the approval of such appointment by the senior superior court judge of the Oconee Judicial Circuit. The chief magistrate shall serve for a term of four years and until his successor is appointed and qualified. The chief magistrate shall take office on January 1 following his selection as provided in this section. Section 2 . An Act providing that the probate judge of Montgomery County shall serve as the chief magistrate of Montgomery County, approved March 19, 1984 (Ga. L. 1984, p. 4379) is repealed in its entirety. Section 3 . (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective on January 1, 1989. 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 1988 session of the General Assembly of Georgia a bill to provide for the appointment of the chief magistrate of the Magistrate Court of Montgomery County; to provide for approval of such appointments; to provide for terms of office; to provide for the taking of the office of the chief magistrate; to provide for the specific repeal of a local Act relating to such magistrate court;

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to provide for effective dates; to repeal conflicting laws; and for other purposes. This 5th day of January, 1988. Honorable Mary Ida Phillips Representative, 120th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Ida Phillips, who, on oath, deposes and says that she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following date: February 4, 1988. /s/ Mary Ida Phillips Representative, 120th District Sworn to and subscribed before me, this 10th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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EMANUEL COUNTYBOARD OF ELECTIONS; ADDITIONAL MEMBER; CHAIRMAN. No. 879 (House Bill No. 1718). AN ACT To amend an Act providing a board of elections of Emanuel County, approved March 19, 1987 (Ga. L. 1987, p. 4470), so as to provide for an additional member of the board and provide for the designation of the chairman of that board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a board of elections of Emanuel County, approved March 19, 1987 (Ga. L. 1987, p. 4470), is amended by striking Section 2 thereof, which reads as follows: Section 2. The board of elections shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. One member of the board of elections shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member, and one member of the board of elections shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member. Each of the two appointments by political parties shall be made as follows: the member shall be nominated by the chairman and ratified by the county executive committee of each of the above-designated political parties at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. The remaining member of the board shall be selected by the county governing authority. In making the initial appointments to the board, the members shall be selected within 30 days following the effective date of this Act. Initial members of the board shall serve

Page 3847

until December 31, 1988, and until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The member selected by the county governing authority shall serve as chairman of the board., and inserting in its place a new Section 2 to read as follows: Section 2. The board of elections shall be composed of four members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. One member of the board of elections shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member, and one member of the board of elections shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member. Each of the two appointments by political parties shall be made as follows: the member shall be nominated by the chairman and ratified by the county executive committee of each of the above-designated political parties at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office. The remaining two members of the board shall be selected by the county governing authority. In making the initial appointments to the board, the members shall be selected within 30 days following the effective date of this Act, except that the fourth member added to the board by the 1988 amendment to this section shall be appointed no later than July 1, 1988. Initial members of the board shall serve until December 31, 1988, and until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The governing authority of the county shall designate one of the two members selected by it to be the chairman of the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

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Notice of Intent to Introduce Local Legislation Georgia, Emanuel County. Notice is hereby given of the undersigned's intention to introduce local legislation in the 1988 session of the General Assembly of the State of Georgia to add an additional member to the Emanuel County Board of Elections and for other purposes. Larry J. Parrish Representative 109th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry J. Parrish, 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 Blade which is the official organ of Emanuel County, on the following date: February 3, 1988. /s/ Larry J. Parrish Representative, 109th District Sworn to and subscribed before me, this 11th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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HENRY COUNTYMAGISTRATE COURT; ELECTION OF OFFICERS; COMPENSATION. No. 880 (House Bill No. 1720). AN ACT To make provisions for the Magistrate Court of Henry County; to provide for the election and qualifications of the officers of said court; to provide for the practice, procedure, and jurisdiction of said court; to provide for the compensation of the chief magistrate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . As provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts, there shall be a Magistrate Court of Henry County. Section 2 . The election and qualifications of the officers of the magistrate court shall be as provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts. Section 3 . All practice, procedure, and jurisdiction in the magistrate court shall be as provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts, and the uniform rules set forth for such courts. Section 4 . The chief magistrate of the Magistrate Court of Henry County shall receive an annual salary of an amount equal to 80 percent of the annual base salary now or hereafter provided by general law for the sheriff of Henry County, payable from the funds of Henry County. Section 5 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to make provisions for the Magistrate Court of Henry County; and for other purposes. This 18th day of January, 1988. Honorable Wesley Dunn Representative, 73rd District 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 date: January 20, 1988. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 11th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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CITY OF VILLA RICACORPORATE LIMITS. No. 881 (House Bill No. 1722). AN ACT To amend an Act providing a new charter for the City of Villa Rica, approved April 25, 1975 (Ga. L. 1975, p. 4575), as amended, so as to provide for the corporate limits of the City of Villa Rica; 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 Villa Rica, approved April 25, 1975 (Ga. L. 1975, p. 4575), as amended, is amended by adding between Section 1.12 and Section 1.13 a new Section 1.125 to read as follows: Section 1.125. (a) The corporate limits of the City of Villa Rica shall consist of and include the following described property: `All that certain tract or parcel of land situate, lying and being in the County of Carroll, State of Georgia, being more particularly described as follows: BEGINNING at the intersection of the existing city limits of the City of Villa Rica, Georgia, with the eastern land lot line of Land Lot 208 of the 2nd District of Carroll County, Georgia, thence running northward along the eastern land lot lines of Land Lots 208 and 209, said District, to the northeast land lot corner of Land Lot 209 of the 2nd District; thence running westward along the northern land lot line of Land Lot 209 to the northwest corner of said land lot and continuing westward into the 6th District of Carroll County, Georgia, along the northern land lot lines of Land Lots 224, 223, 222, 221, and 220 to the northwest corner of Land Lot 220; thence running southward along the western land lot lines of Land Lots 220, 197, 188, 165, 156, 133, 124, and 101 to the southwest corner of Land Lot 101; thence running eastward

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along the southern land lot lines of Land Lots 101, 100, 99, 98, and 97 to the southeast corner of Land Lot 97 and continuing eastward into the 2nd District of Carroll County, Georgia, along the southern land lot line of Land Lot 112 of the 2nd District to the southeast corner of Land Lot 112; thence running northward along the eastern land lot lines of Land Lots 112, 113, and 144 to the intersection of the eastern land lot line of Land Lot 144 with the existing city limits of the City of Villa Rica, Georgia; thence running northward along the eastern land lot line of Land Lot 144 to the northeast corner of Land Lot 144; thence running westward along the northern land lot line of Land Lot 144 to the northwest corner of Land Lot 144 (which is the southeast corner of Land Lot 160); thence running northward along the eastern land lot line of Land Lot 160 to the northeastern corner of Land Lot 160 (which is the southwest corner of Land Lot 176); thence running eastward along the southern land lot line of Land Lot 176 to the southeast corner of Land Lot 176; thence running northward along the eastern land lot lines of Land Lots 176, 177, and 208 to the point of beginning. THIS TRACT encompasses all of the following: Land Lots 112, 113, 144, 176, 177, 208, and 209 of the 2nd District of Carroll County, Georgia and Land Lots 97, 98, 99, 100, 101, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 220, 221, 222, 223, and 224 of the 6th District of Carroll County, Georgia. The city limits of Villa Rica shall also include that portion of Douglas County, Georgia previously within the corporate limits of the City of Villa Rica. (b) The corporate limits of the City of Villa Rica shall also include that portion of Douglas County which is within the corporate limits of Villa Rica on January 1, 1988.' Section 2 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced into the 1988 Session of the General Assembly of Georgia, local legislation to amend the charter of the City of Villa Rica in the County of Carroll, (Ga. Laws 1975, paged 4575, amended 1977, page 4092) so as to change the corporate limits of the City of Villa Rica, to repeal conflicting laws, and for other purposes. This the 12th day of January, 1988. By: Wayne Garner, Senator, District 30; Charles Thomas, Representative District 69. AFFIDAVIT GEORGIA Carroll County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the TIMES-GEORGIAN legal organ for Carroll County. The following dates, to-wit: 1-15 Sworn to on the 25 day of Jan., 1988. /s/ David R. McClain Publisher Sworn to and subscribed before me on the 25 day of January, 1988. /s/ Kathy Horton Notary Public MY COMMISSION EXPIRES APRIL 23, 1990 (SEAL) Approved March 10, 1988.

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JENKINS COUNTYSTATE COURT; TERMS. No. 882 (House Bill No. 1723). AN ACT To amend an Act creating the State Court of Jenkins County (formerly the City Court of Millen), approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved February 1, 1949 (Ga. L. 1949, p. 47), so as to change provisions relating to the terms of said court; 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 State Court of Jenkins County (formerly the City Court of Millen), approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved February 1, 1949 (Ga. L. 1949, p. 47), is amended in Section 18 by striking the word third, wherever the same appears, and inserting in its place the word fourth, so that when so amended Section 18 shall read as follows: Section 18. Be it further enacted by the Authority aforesaid, That the terms of said City Court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The monthly terms shall be held on the fourth Mondays of each month in the year, and the quarterly terms on the fourth Mondays in January, April, July and October of each year, and said terms shall continue from day to day unless adjourned over to some other day in the discretion of the Judge, until the business is disposed of. When the monthly and quarterly sessions fall on the same day, the business of the monthly session shall be first disposed of and immediately upon the disposition of the business of the monthly term, the Judge shall convene the Court in quarterly session. Suits for not exceeding Two Hundred Dollars, principal, and all proceedings and issues when not over

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Two Hundred Dollars is involved, shall be returnable to the monthly session of said Court. The rules of practice and procedure that are now, or may hereafter be, conformable to civil actions in the Superior Courts of Georgia shall apply and pertain to all civil actions brought in, or returnable to the said City Court of Millen. Section 2 . This Act shall become effective on July 1, 1988. 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 1988 session of the General Assembly of Georgia, a bill to amend an Act establishing the State Court of Jenkins County, approved March 12, 1943 (GA. L. 1943, p. 758), as amended, so as to change the monthly and quarterly terms of said court from the third Monday of each term to the fourth Monday of each term. This 2nd day of February, 1988. John F. Godbee Representative, District 110 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 Millen News which is the official organ of Jenkins County, on the following date: February 4, 1988. /s/ John F. Godbee Representative, 110th District

Page 3856

Sworn to and subscribed before me, this 11th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. EFFINGHAM COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 883 (House Bill No. 1725). AN ACT To amend an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said commissioners, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3523), so as to provide for an increase in the compensation paid to each member of the governing authority of Effingham County; 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 Effingham County and providing for their election and defining the duties of said commissioners, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3523), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. Each member of the board, other than the chairman, shall receive as his entire compensation for services

Page 3857

as same, the sum of $300.00 per month. The chairman shall receive as his entire compensation the sum of $400.00 per month. 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 1988 Session of the General Assembly of Georgia a bill affecting the Compensation of the Board of Commissioners of Effingham County, Georgia. January 20, 27, Feb. 2 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr., who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald which is the official organ of Effingham County, on the following date: January 20, January 27, and February 3, 1988. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 12th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL). Approved March 10, 1988.

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DOUGHERTY COUNTYMAGISTRATE COURT; DESIGNATION OF CHIEF MAGISTRATE. No. 884 (House Bill No. 1726). AN ACT To amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, so as to provide that the chief judge of the State Court of Dougherty County shall designate the chief magistrate annually; 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, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, is amended by striking the last sentence of Section 2 thereof which reads as follows: 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., and inserting in lieu thereof the following: These magistrates shall be appointed by the chief judge of the State Court of Dougherty County. The chief judge shall, on January 1 of each year, designate one of the magistrates to be the chief magistrate for the ensuing calendar year and until a new chief magistrate is designated. 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 1988 session of the General Assembly of Georgia a bill to amend

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an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended; and for other purposes. The 25th day of January, 1988. Tommy Chambless Representative, District 133 January 25, 1988 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 date: January 25, 1988. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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CITY OF DALTONAUTHORITY FOR PROPERTY CONVEYANCE. No. 885 (House Bill No. 1751). AN ACT To amend an Act creating and establishing a charter for the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, so as to provide express legislative authority for the conveyance of certain city owned property located in the City of Dalton, Whitfield County, Georgia, to Whitfield County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating and establishing a charter for the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, is amended by adding thereto the following: WHEREAS, the City of Dalton is the owner of certain real property located in the City of Dalton, Whitfield County, Georgia, and described as: A portion of a 2.574-acre tract of land, lying and being in Land Lot 219 of the 12th District and 3rd Section of Whitfield County, Georgia, and being in the City of Dalton, on which the City of Dalton Fire Hall (Main Station) with improvements and appurtenances is situated and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING proceed along the east right-of-way of Thornton Avenue from the northeast corner of the intersection of Crawford Street (an 80 foot right-of-way) and Thornton Avenue (an 85 foot right-of-way) a distance of 244.18 feet to a point, which point is the POINT OF BEGINNING; from the POINT OF BEGINNING proceed north along the east right-of-way of Thornton Avenue a distance of 225.95 feet to a point; thence south 88 degrees 38 minutes 47 seconds east a distance of 331.05 feet to a point on the

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west right-of-way of Selvidge Street (old Cleveland Street - an 80 foot right-of-way); thence south 25 degrees 37 minutes 49 seconds west a distance of 182.08 feet to a point; thence south 15 degrees 48 minutes 02 seconds west a distance of 60.57 feet to a point; thence north 88 degrees 57 minutes 06 seconds west a distance of 235.78 feet to the POINT OF BEGINNING. and WHEREAS, the City of Dalton now uses said property as its Main Fire Station but desires to sell said property to the County of Whitfield and construct another City Fire Station; and WHEREAS, the County of Whitfield desires to purchase said property from the City of Dalton for use in conjunction with the county's existing courthouse and offices; The City of Dalton as owner of the above-described property is hereby authorized and empowered to convey said property to Whitfield County pursuant to such terms and conditions and for such consideration as shall be mutually agreed upon by the City of Dalton and Whitfield 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 given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended; and for other purposes. This 14th day of January, 1988. Jim Tyson Griffin Representative, 6th District Phil Foster Representative, District 6, Post 2
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Tom Ramsey Representative, District 3 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Tyson Griffin, who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen-News which is the official organ of Whitfield County, on the following date: January 22, 1988. /s/ Jim Tyson Griffin Representative, 6th District Sworn to and subscribed before me, this 9th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

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BURKE COUNTYSTATE COURT; JUDGE AND SOLICITOR; COMPENSATION. No. 886 (House Bill No. 1757). AN ACT To amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, so as to change the compensation of the judge and solicitor of such court; to provide for certain cost-of-living increases; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, is amended by striking Section 4A and inserting in its place a new Section 4A to read as follows: Section 4A. (a) The judge of the court shall receive an annual salary as follows: (1) For the period beginning January 1, 1981, and ending December 31, 1988, $8,000.00. (2) For the period beginning January 1, 1989, and thereafter, $12,000.00. (b) Beginning January 1, 1990, the salary of such 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. (c) The judge's salary shall be paid in equal monthly installments from the funds of Burke County. Section 2 . Said Act is further amended by striking subsection (b) of Section 12 and inserting in its place a new subsection (b) to read as follows:

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(b) (1) For services rendered the state in criminal cases, the solicitor of said court shall receive, in lieu of fees in criminal cases, an annual salary as follows: (A) For the period beginning April 1, 1984, and ending December 31, 1990, $8,000.00. (B) For the period beginning January 1, 1991, and thereafter, $12,000.00. (2) Beginning January 1, 1992, the salary of such solicitor 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. (3) In addition to such salary, said solicitor shall be entitled to receive and retain the same fees in all civil cases to which the state is a party that are allowed to district attorneys for all services in the superior court. (4) In addition to such salary and fees, the solicitor shall receive an annual expense allowance of $2,000.00. (5) The solicitor's salary and expense allowance shall be paid in equal monthly installments from the funds of Burke 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 1988 Session of the General Assembly of Georgia, a bill to change the compensation of the judge and solicitor of the State Court of Burke County; to provide an effective date; and for other purposes. This 10th day of February, 1988. C. W. Hopper Jr. Burke County Administrator

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he 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 date: February 10, 1988. /s/ Emory E. Bargeron Representative, 108th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988. BULLOCH COUNTYTAX COMMISSIONER AND ASSISTANTS; COMPENSATION. No. 887 (House Bill No. 1761). 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 February 2, 1943 (Ga. L. 1943, p. 839), an Act approved March 21, 1970 (Ga. L. 1970, p. 3293), an Act approved April 3, 1972 (Ga. L. 1972, p. 3492), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4491), so as to change the compensation of the tax commissioner; to change the compensation of the assistants of the tax commissioner;

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to provide for part-time clerical employees; to provide for 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 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 February 2, 1943 (Ga. L. 1943, p. 839), an Act approved March 21, 1970 (Ga. L. 1970, p. 3293), an Act approved April 3, 1972 (Ga. L. 1972, p. 3492), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4491), is amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows: Section 4. On and after January 1, 1989, the tax commissioner of Bulloch County shall diligently and faithfully undertake to collect as county funds all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and other emoluments and perquisites which were formerly allowed to the tax commissioner as compensation for the tax commissioner's services; and the tax commissioner shall receive and hold the same in trust for the county as county funds and shall pay the same into the county treasury at the times required by Code Section 48-5-141 of the O.C.G.A. This section shall apply with respect to all amounts received or collected by the tax commissioner on or after January 1, 1989, notwithstanding the fact that such amounts may relate to a prior tax year or other prior period of time. Not later than January 15, 1989, the tax commissioner shall provide the county governing authority with a sworn, full, and complete accounting for all amounts received by the tax commissioner as compensation during calendar year 1988. Section 2 . Said Act is further amended by striking in its entirety Section 8 and inserting in its place a new Section 8 to read as follows: Section 8. The tax commissioner shall be compensated by an annual salary of $29,600.00 per annum, payable in equal monthly installments from funds of Bulloch County.

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This annual salary shall be the sole and exclusive compensation of the tax commissioner, with the single exception of the $2,400.00 annual allowance under subsection (g) of Code Section 48-5-137 of the O.C.G.A. for service as ex officio sheriff. Section 3 . Said Act is further amended by striking Section 8A in its entirety and inserting in its place a new Section 8A to read as follows: Section 8A. The tax commissioner is authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $13,150.00 per annum, the second such assistant shall receive a salary not to exceed $12,250.00 per annum, and the third such assistant shall receive a salary not to exceed $11,550.00 per annum. The tax commissioner is further authorized to employ part-time clerical employees with the approval of the board of commissioners of Bulloch County whenever the workload in the office of the tax commissioner requires additional personnel. Such salaries shall be fixed by the tax commissioner and shall be payable in equal monthly installments from the funds of Bulloch County. Section 4 . Said Act is further amended by striking in its entirety Section 14 and inserting in its place a new Section 14 to read as follows: Section 14. At the time of each payment into the county treasury as required by Code Section 48-5-141 of the O.C.G.A., the tax commissioner shall furnish the governing authority a sworn, full, and complete statement of all funds received during the covered period and paid into the county treasury, such statement to show the respective amounts of money collected and the source thereof. Section 5 . Section 3 of this Act, relating to compensation of assistants, shall become effective July 1, 1988. Sections 1, 2, and 4 of this Act shall become effective January 1, 1989. Section 6 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended; and for other purposes. Thisday of, 19. Honorable Robert E. Lane Representative, 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. 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 date: February 5, 1988. /s/ Robert E. Lane Representative, 111th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 10, 1988.

Page 3869

IRWIN COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS; CHAIRMAN. No. 888 (Senate Bill No. 603). AN ACT To amend an Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, so as to create a five-member board of commissioners for Irwin County; to provide for the election of members; to provide for qualifications; to provide for terms of office; to provide for commissioner districts; to provide for vacancies; to provide for a chairman; to change the provisions relating to a quorum for the transaction of business by the board; to provide for procedures and manner of election; 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 Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, is amended by striking Sections 1 and 2 in their entirety and inserting in lieu thereof new Sections 1 and 2 to read as follows: Section 1. (a) There is created the board of commissioners of Irwin County, sometimes referred to in this Act as the `board,' which shall constitute the governing authority of Irwin County. The board shall be composed of a chairman and four other members. (b) The chairman of the board shall be elected from the county at large. The remaining four members of the board shall be elected from and represent commissioner districts composed of portions of Irwin County as provided in subsection (d) of this section. All of such members shall be elected at the times and in the manner provided for in this Act. (c) All members of the board shall be qualified electors of Irwin County. Each of the persons elected from commissioner

Page 3870

districts shall have been a resident of that person's respective commissioner district for at least six months prior to the date of taking office. In the event the chairman ceases to be a resident of Irwin County during that person's term of office or in the event any member ceases to be a resident of the respective commissioner district from which that member was elected or appointed during that member's term of office, a vacancy shall thereby be created and shall be filled in the manner provided in Section 3 of this Act. The chairman of the board shall be elected by the qualified electors of the entire county. Each of the other members shall be elected by the qualified electors of Irwin County residing within that member's respective commissioner district. Any person wishing to offer as a candidate for chairman shall offer as a candidate for that office. Any person offering as a candidate for commissioner other than chairman shall designate the commissioner district for which that person 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 O.C.G.A. (d) For the purpose of electing the members of the board other than the chairman, Irwin County shall be divided into four commissioner districts as follows: Commissioner District 1 Irwin Tract 9901 Block Group 3 Tract 9902 Blocks 211 through 230 and 247 through 250 Blocks 301 and 325 Block Group 6 Commissioner District 2 Irwin Tract 9901 Blocks 241 and 242 Blocks 419 through 422, 425 through 430, and 445 Blocks 511 through 519

Page 3871

Tract 9902 Blocks 124 through 134 Blocks 206 through 210, 231 through 233, and 238 through 246 Blocks 302 through 324, 326 through 343, and 345 Blocks 402 through 415, 417 through 426, and 428 through 450 Block Group 5 Commissioner District 3 Irwin Tract 9901 Blocks 201, 203 through 240, and 243 through 246 Blocks 401 through 418, 423, 424, 431 through 436, 442 through 444, 451 through 454, 464, and 465 Commissioner District 4 Irwin Tract 9901 Block Group 1 Blocks 437 through 441 and 446 through 450 Blocks 501 through 510 Tract 9902 Blocks 101 through 123 Blocks 201 through 205 and 234 through 237 Blocks 401 and 427 (e) For the purposes of subsection (d) 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

Page 3872

boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia; and (3) Any part of Irwin 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. The commissioners of Irwin County serving on January 1, 1988, or successors to fill vacancies created by such members shall continue to serve out the term of office to which such members were elected. The members of the five-member board of commissioners shall be elected at the November general election in 1988 and shall take office on January 1, 1989, 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 their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 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) In the event of a vacancy in the membership of the board because of death, resignation, removal of residency from the county or commissioner district, or for any reason other than expiration of term, that vacancy shall be filled by special election. Within 30 days after the occurrence of said vacancy, the election superintendent of Irwin County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the unexpired term. That superintendent shall set the date of that special election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. (b) When a vacancy occurs in the office of chairman of the board, the person elected to fill that vacancy may reside anywhere within the territorial limits of Irwin County, and

Page 3873

when that vacancy is filled by a special election, the qualified electors of the entire County of Irwin shall be eligible to vote at said special election. When the vacancy occurs in the office of a member of the board other than the chairman, the person elected to fill said vacancy shall be a resident of the commissioner district wherein the vacancy exists, and when that vacancy is filled by a special election, only the qualified electors of Irwin County who reside within the commissioner district wherein the vacancy exists shall be eligible to vote at said special election. Persons elected or appointed to fill vacancies as provided by this section shall be subject to the same qualifications as required of other persons elected to the office of chairman or commissioner of Irwin County. (c) The provisions of Chapter 2 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section. Section 3 . Said Act is further amended by striking in its entirety Section 7, which reads as follows: Section 7. Be it further enacted by the authority aforesaid, that in the regular county primary election the three candidates receiving the greatest number of votes shall be declared the nominee; provided, however, no two members shall be nominated from the same locality, community, or vicinity, as herein elsewhere defined. All candidates shall in their race designate the commissioner whom he aspires to succeed. The candidates for election as chairman of said commission shall run as such in the primary, and the same shall be so designated upon the ballot. Section 4 . 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. Three members of said board shall constitute a quorum for business, and all votes of the board making an appropriation authorizing the expenditure of county funds or fixing the salaries of officers, agents, or employees shall be by aye and nay vote duly recorded on the minutes. On any question or matter before the board, any member may demand an aye and nay vote, and on such demand the vote shall be taken and recorded on the minutes.

Page 3874

Section 5 . For the purpose of electing the members of the five-member board of commissioners created by this Act at the 1988 general election, the provisions of Section 1 shall become effective immediately upon the approval of such Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 1989. Section 6 . 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 1988 Session of the General Assembly of Georgia a bill establishing the number of commissioners for the Irwin County Board of Commissioners; establishing commission districts and boundaries; the election of a chairman at large; to provide for unrelated matters; and, for other purposes. This 15th day of Jan., 1988. J. C. Harper 1tjan21pc AFFIDAVIT OF PUBLICATION This is to certify that a legal advertisement, copy tagged Notice of Intention to Introduce Legislation , (See attached) was published in the Jan. 21, 1988 issue of The Ocilla Star. /s/ W. S. Bradford, Jr. Editor and Publisher /s/ Elizabeth Wilcox Notary Public My Commission Expires 1/1/91 (SEAL) Approved March 10, 1988.

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OCMULGEE JUDICIAL CIRCUITDISTRICT ATTORNEY; SALARY SUPPLEMENTS. No. 889 (Senate Bill No. 624). AN ACT To provide for a supplement to the compensation, expenses, and allowances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contributions to be paid by certain counties comprising said circuit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . In addition to the compensation, salary, expenses, and allowances presently being received by the district attorney of the Ocmulgee Judicial Circuit from the State of Georgia or any other source, including the expense allowance authorized by an Act approved April 15, 1969 (Ga. L. 1969, p. 383), the district attorney of said circuit shall receive a supplement to such compensation from the funds of Baldwin, Hancock, Jones, and Putnam counties in the amount of $550.00 per month. The division of payment among the four counties shall be in the following amounts: (1) Baldwin County $ 150.00 per month (2) Hancock County 100.00 per month (3) Jones County 150.00 per month (4) Putnam County 150.00 per month It shall be the duty of the governing authority of each such county to provide, by taxation or otherwise, sufficient funds to pay the portion of said supplement assessed against each of said counties and to pay the same as provided in this Act. The supplement of the district attorney is made and declared to be part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities.

Page 3876

Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that the amount of the supplement provided for in this Act to be paid by Jones County shall not become effective until July 1, 1988. 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 1988 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of certain counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of the District Attorney of the Ocmulgee Judicial Circuit to provide for matters relative thereto; and for other purposes. This 22 day of January, 1988. Joseph H. Briley District Attorney Ocmulgee Judicial Circuit 1/22 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 date: January 22, 1988. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989

Page 3877

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of certain counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of the District Attorney of the Ocmulgee Judicial Circuit to provide for matters relative thereto; and for other purposes. This 19 day of January, 1988. Joseph H. Briley District Attorney Ocmulgee Judicial Circuit 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 Herald-Journal which is the official organ of Greene County, on the following date: January 22, 1988. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of certain counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of the District Attorney of the Ocmulgee

Page 3878

Judicial Circuit to provide for matters relative thereto; and for other purposes. This 21st day of January, 1988. Joseph H. Briley District Attorney Ocmulgee Judicial Circuit GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County, on the following date: January 21, 1988. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of certain counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of the District Attorney of the Ocmulgee Judicial Circuit to provide for matters relative thereto; and for other purposes. This 18 day of January, 1988. Joseph H. Briley District Attorney Ocmulgee Judicial Circuit

Page 3879

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monticello News which is the official organ of Jasper County, on the following date: January 21, 1988. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of certain counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of the District Attorney of the Ocmulgee Judicial Circuit to provide for matters relative thereto; and for other purposes. This 21st day of January, 1988. Joseph H. Briley District Attorney Ocmulgee Judicial Circuit 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

Page 3880

is the official organ of Jones County, on the following date: January 21, 1988. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of certain counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of the District Attorney of the Ocmulgee Judicial Circuit to provide for matters relative thereto; and for other purposes. 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 Madisonian which is the official organ of Morgan County, on the following date: January 21, 1988. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989

Page 3881

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of certain counties comprising the Ocmulgee Judicial Circuit to provide for a supplement to the salary of the District Attorney of the Ocmulgee Judicial Circuit to provide for matters relative thereto; and for other purposes. This 21 day of January, 1988. Joseph H. Briley District Attorney Ocmulgee Judicial Circuit GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger which is the official organ of Putnam County, on the following date: January 22, 1988. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia, a bill to authorize the governing authorities of certain counties

Page 3882

comprising of the Ocmulgee Judicial Circuit to provide for a supplement to the salary of the District Attorney of the Ocmulgee Judicial Circuit to provide for matters relative thereto; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following date: January 21, 1988. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 10, 1988. MACON COUNTYMOTOR VEHICLE REGISTRATION PERIODS. No. 890 (Senate Bill No. 445). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated registration periods as provided in

Page 3883

Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. 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 session of The General Assembly of Georgia a Bill to stagger the purchase of automobile tags over a period of four months based on an alphabetical basis, to provide for penalties for failure to purchase by the prescribed date and for other purposes. This 4th day of January, 1988. /s/ Honorable L. H. McKenzie Senator, 14th District 1-6; 1 t. cg. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, on oath, deposes and says that he is Senator from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen Georgian which is the official organ of Macon County, on the following date: January 6, 1988. /s/ Lewis H. McKenzie Senator, 14th District

Page 3884

Sworn to and subscribed before me, this 11th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 10, 1988. MACON COUNTYSTATE COURT; ABOLITION; TRANSFER OF CASES TO SUPERIOR COURT. No. 891 (Senate Bill No. 506). AN ACT To repeal an Act establishing the State Court of Macon County, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended by an Act approved August 14, 1908 (Ga. L. 1908, p. 203), an Act approved August 12, 1910 (Ga. L. 1910, p. 202), an Act approved August 18, 1913 (Ga. L. 1913, p. 277), an Act approved August 1, 1922 (Ga. L. 1922, p. 281), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2498), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2998), an Act approved April 2, 1963 (Ga. L. 1963, p. 2697), an Act approved March 3, 1964 (Ga. L. 1964, p. 2224), an Act approved April 23, 1969 (Ga. L. 1969, p. 3110), an Act approved April 23, 1969 (Ga. L. 1969, p. 3112), an Act approved April 23, 1969 (Ga. L. 1969, p. 3346), an Act approved March 10, 1970 (Ga. L. 1970, p. 2412), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4063), so as to abolish the State Court of Macon County; to provide for the transfer of all pending civil and criminal cases to the Superior Court of Macon County; to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3885

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the State Court of Macon County, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended by an Act approved August 14, 1908 (Ga. L. 1908, p. 203), an Act approved August 12, 1910 (Ga. L. 1910, p. 202), an Act approved August 18, 1913 (Ga. L. 1913, p. 277), an Act approved August 1, 1922 (Ga. L. 1922, p. 281), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2498), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2998), an Act approved April 2, 1963 (Ga. L. 1963, p. 2697), an Act approved March 3, 1964 (Ga. L. 1964, p. 2224), an Act approved April 23, 1969 (Ga. L. 1969, p. 3110), an Act approved April 23, 1969 (Ga. L. 1969, p. 3112), an Act approved April 23, 1969 (Ga. L. 1969, p. 3346), an Act approved March 10, 1970 (Ga. L. 1970, p. 2412), and an Act approved April 12, 1982 (Ga. L. 1982, p. 4063) is repealed in its entirety and the State Court of Macon County is abolished. Section 2 . All mesne and final processes for the State Court of Macon County which have not been executed at the time that this Act takes effect shall be returned to the Superior Court of Macon County, Georgia. All civil and criminal cases pending in said State Court of Macon County on December 31, 1988, are transferred to the Superior Court of Macon County. All books, papers, and records attaching to such civil actions or such criminal actions shall be transferred to the proper offices of the Superior Court of Macon County, and in all other respects the Superior Court of Macon County shall, on and after December 31, 1988, stand substitute for the said State Court of Macon County in civil and criminal matters of every kind and nature, and all subsequent proceedings shall be the same as if such cases had been originally filed in the Superior Court of Macon County. All books, records, indexes, and property of any nature whatsoever shall be and become the property of the Superior Court of Macon County on and after December 31, 1988. Nothing contained herein shall be construed to prohibit the Superior Court of Macon County from transferring any pending cases transferred to it by the provisions of this Act to the Probate Court of Macon County or any other court of competent jurisdiction when such cases involve actions coming within the jurisdiction of the probate court or such other courts as provided by the Constitution and laws of this state.

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Section 3 . This Act shall become effective on December 31, 1988. 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 1988 session of the General Assembly of Georgia a bill to abolish the State Court of Macon County; to repeal an Act creating the State Court of Macon County (formerly known as the City Court of Oglethorpe), approved August 22, 1907 (Ga. L. 1907, p. 215), as amended; and for other purposes. This 21st day of December, 1987. /s/ Honorable L. H. McKenzie Senator, 14th District 12-23; 1 t. cg. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, on oath, deposes and says that he is Senator from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian which is the official organ of Macon County, on the following date: December 23, 1987. /s/ Lewis H. McKenzie Senator, 14th District Sworn to and subscribed before me, this 21st day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 10, 1988.

Page 3887

COBB COUNTY COMMUNITY IMPROVEMENT DISTRICTSPURPOSES; DEFINITIONS; CONTINUED EXISTENCE. No. 892 (Senate Bill No. 645). AN ACT To amend an Act entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), so as to clarify the purpose of this Act; to change a definition and add additional definitions; to provide for the life of the district and for procedures to extend the life of the district; to provide for a tax cap; to limit the period of contractual obligations and agreements of cooperation; to provide that the board shall consist of a minimum of seven members; to provide for the election of members by the Equity Electors; to specify conditions whereby the continued existence of the district or the continued existence of any one or more of the powers granted to the district may be terminated; to provide procedures for termination of the district; 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 entitled the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009), is amended by striking the introductory language of Section 2 in its entirety and substituting in lieu thereof new introductory language to read as follows: The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Cobb County and each municipality therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or any supplemental resolution amending same, provided that the resolution activating such district or any supplemental activating resolution may restrict the governmental services provided to any one or more district or any part thereof of the described governmental services; provided, further, that once said resolution shall authorize certain governmental

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services or part thereof, it shall not be withdrawn or further restricted except by election of the electorate or by a resolution of the administrative board members of the district and a resolution of the governing authority of Cobb County, together with a resolution of any affected municipality in which a portion of the district is a part:. Section 2 . Said Act is further amended by striking paragraph (7) of Section 3 in its entirety and substituting in lieu thereof two new paragraphs, to be designated paragraphs (7) and (8.1), to read as follows: (7) `Electors' means the noncontiguous owners of real property within the district which is then subject to taxes, fees, and assessments levied by the board (owners as appear on the most recent ad valorem real property tax records of Cobb County shall be prima-facie proof of ownership). (8.1) `Equity Electors' means Electors who cast votes equal to each $1,000.00 value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. In the event the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as Elector and such designation shall be made in writing to the Cobb County Tax Commissioner on a form satisfactory to the commissioner at least eight days to an election. Section 3 . Said Act is further amended by striking paragraph (12) of Section 3 in its entirety and substituting in lieu thereof a new paragraph (12) to read as follows: (12) `Property owner' or `owner of real property' means any entity or person shown as a taxpayer for one or more noncontiguous parcels of real estate on the most recent ad valorem tax records of Cobb County within the district as certified by the Cobb County Tax Commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. Section 4 . Said Act is further amended by adding a new subsection (c) at the end of Section 4 to read as follows:

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(c) Notwithstanding any other provisions of this Act to the contrary: (1) Each community improvement district created hereunder shall have a six-year life and shall automatically become inactive upon the expiration of six years after the date of activation of such district unless all of the conditions of activation enumerated in subsections (a) and (b) of this section are reaffirmed so as to extend the life of the district for six more years; (2) The power of the board to levy taxes shall be limited to five mills; (3) No contractual obligations may be entered into beyond the term or life of the district; and (4) No agreement of cooperation shall be legal or binding upon any of the parties thereto for a period longer than the life of the district. Section 5 . Said Act is further amended by striking subsection (a) of Section 5 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Each district created pursuant hereto shall be administered by a board composed of a minimum of seven board members to be appointed and elected as hereinafter provided. One board member shall be appointed by the Cobb County Board of Commissioners. One board member shall be appointed by the governing authority of each municipality, if any portion of the district lies within the incorporated area of such municipality, and three board members shall be elected by the vote of Electors, and three members shall be elected by the vote of Equity Electors. The board shall be seven in number plus one for each member appointed by the governing authority of each municipality as provided above. The members representing the Electors and Equity Electors shall be elected to serve in post positions 1 through 6, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1, 2, and 3 shall be cast by

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Electors and votes for posts 4, 5, and 6 shall be cast by Equity Electors. The initial term of office for the members representing posts 1 and 4 shall be two years. The initial term of office for the members representing posts 2 and 5 shall be two years and the initial term of office of the members representing posts 3 and 6 shall be three years. Thereafter, all terms of office shall be for three years, except the appointed board members who serve at the pleasure of the governing body which appointed them, respectively. Section 6 . Said Act is further amended by striking subsection (c) of Section 5 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Board members shall be subject to recall and the continued existence of the district or the continued existence of any one or more or any part thereof of the powers authorized to the district may be terminated as follows: (1) By election, called by a resolution of the board of commissioners of Cobb County; (2) By election, called by a resolution of the administrative board of the district; (3) By election, called by a petition of 20 percent of the Electors or a petition by holders of 20 percent of eligible votes represented by Equity Electors; (4) Upon petition of either a majority of the electors within the district or a majority of the equity electors within the district, provided that, if the petition is for recall of an elected board member, the petition shall be from the category of voters who elected the board member; or (5) Upon the termination of an agreement of cooperation. Termination is in the event such agreement of cooperation shall lapse (i.e., failure to reenact by the following December 31 after an existing agreement of cooperation shall expire on its own terms) or an affirmative resolution of rejection of an agreement or reenactment of an agreement

Page 3891

of cooperation by any one of the necessary parties so that no agreement of cooperation is in force. Section 6 . Said Act is further amended by striking subsection (a) of Section 6 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed five mills of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Cobb County if the district lies wholly or partly within the unincorporated area of Cobb County, and by the municipality within which it lies if it is wholly within a municipality, in the same manner as taxes, fees, and assessments are levied by Cobb County or the municipality, respectively. Delinquent taxes shall bear the same interest and penalties as Cobb County or municipal ad valorem taxes, respectively, and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Cobb County or the municipality who collects same, to the board and shall be expended by the board only for the purposes authorized hereby.

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Section 7 . Said Act is further amended by adding a new subsection at the end of Section 12, to be designated subsection (d), to read as follows: (d) In the event that any district shall be terminated by either methods provided herein, the board shall serve until December 31 of the year in which terminations shall be approved for the purpose of concluding any ongoing matters and projects, but if such cannot be concluded by December 31, then the governing authority of the county shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the county may, by resolution, assume all rights and obligations of the district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution. Section 8 . All laws and parts of laws in conflict with this Act are repealed. L-438 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend the Cobb County Community Improvement Districts Act, approved March 20, 1985 (Ga. L. 1985, p. 4009); and for other purposes. This 5 day of January, 1988. Fred Aiken 2:7 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 date: February 7, 1988. /s/ Roy E. Barnes Senator, 33rd District

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Sworn to and subscribed before me, this 9th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 10, 1988. ALCOVY JUDICIAL CIRCUITCOURT REPORTERS; SALARY AND COMPENSATION. No. 893 (Senate Bill No. 652). AN ACT To amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, so as to provide for the salary and compensation of the official court reporters of said circuit; 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 the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, is amended by striking Section 2A of said Act in its entirety which reads as follows: Section 2A. (a) The judge of said court shall be authorized to employ and engage a full-time court reporter. The court reporter shall receive a salary of eight thousand four hundred dollars ($8,400.00) per annum to be paid in equal installments in the amount of three hundred fifty dollars ($350.00) per month from the funds of Walton County and three hundred fifty dollars ($350.00) per month from the funds of Newton County. The compensation provided herein

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shall be in lieu of per diem provided by law and for services of reporting cases in said court. (b) The official court reporter shall be paid, in addition to the above-stated compensation, compensation for the preparation of criminal trial transcripts in said court at the rate provided by law, and said compensation shall be paid by the governing authority of the county having charge of the disposition of each such criminal case. Copies thereof may be obtained at the rate of sixty cents (60) per page; provided, however, when the copies are requested by any state or county officer, the copy shall be furnished at actual cost of the duplication, and when duplicated by the officer, a copy shall be furnished without expense. (c) The court reporter of such court shall receive the sum of twenty-four hundred dollars ($2,400.00) per annum for office supplies, such sum to be equally divided and paid by the governing authorities of Newton County and Walton County., and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. (a) Each judge of said court shall be authorized to employ and engage a full-time court reporter. Each court reporter shall receive a salary of $10,200.00 per annum to be paid in equal installments in the amount of $425.00 per month from the funds of Walton County and $425.00 per month from the funds of Newton County. The salary provided for in this section shall be in lieu of any per diem provided by law for services of reporting cases in said court. (b) Each official court reporter shall be paid, in addition to the above-stated compensation, compensation for the preparation of criminal trial transcripts in said court at the rate provided by law, and said compensation shall be paid by the governing authority of the county having charge of the disposition of each such criminal case. Copies thereof may be obtained at the rate of 60 per page; provided, however, when the copies are requested by any state or county officer,

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the copy shall be furnished at actual cost of the duplication, and, when duplicated by the officer, a copy shall be furnished without expense. (c) Each court reporter of such circuit shall receive the sum of $4,000.00 per annum for office supplies, such sum to be equally divided and paid by the governing authorities of Newton County and Walton 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 given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, a bill to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, P. 152), as amended, so as to change the salary and expenses of the official court reporter of said circuit; and for other purposes. This 8th day of February 1987. Harrill Dawkins State Senator 45th Senatorial District 161-13 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 Walton Tribune which is the official organ of Walton County, on the following date: February 12, 1988. /s/ Harrill L. Dawkins Senator, 45th District

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Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 10, 1988. SEMINOLE COUNTYTREASURER; COMPENSATION; REPEAL. No. 894 (Senate Bill No. 659). AN ACT To repeal in its entirety an Act providing for the compensation of the treasurer of Seminole County, approved August 11, 1924 (Ga. L. 1924, p. 372), as amended by an Act approved February 23, 1961 (Ga. L. 1961, p. 2102); to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That Act entitled An Act to prescribe and fix the compensation of the Treasurer of Seminole County for receiving and disbursing the funds of said county, to pay him a fixed salary in lieu of any other compensation for his services as county treasurer; to authorize and require that the premiums on his bond as such treasurer be paid on order of the Board of County Commissioners of said county out of county funds; and for other purposes., approved August 11, 1924 (Ga. L. 1924, p. 372), as amended by an Act approved February 23, 1961 (Ga. L. 1961, p. 2102), is repealed in its entirety. Section 2 . This Act shall become effective January 1, 1989.

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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 1988 session of the General Assembly of Georgia a bill to abolish the office of county treasurer of Seminole County; and for other purposes. This 8th day of February, 1988. J.H. Timmons, Senator 11th Senatorial District 2/11/3sc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons, who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following date: February 11, 1988. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 10, 1988.

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SEMINOLE COUNTYTREASURER; OFFICE ABOLISHED. No. 895 (Senate Bill No. 660). AN ACT To abolish the office of county treasurer of Seminole County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, the office of county treasurer of Seminole County shall stand abolished. In the event the office of county treasurer should become vacant prior to January 1, 1989, such vacancy shall not be filled and the office shall stand abolished as of the date of the vacancy in office. 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 1988 session of the General Assembly of Georgia a bill to repeal in its entirety an Act providing for the compensation of the treasurer of Seminole County, approved August 11, 1924 (Ga. L. 1924, p. 372), as amended by an Act approved February 23, 1961 (Ga. L. 1961, p. 2102); and for other purposes. This 8th day of February, 1988. J.H. Timmons, Senator 11th Senatorial District 2/11/3sc 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

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to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following date: February 11, 1988. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 10, 1988. CONYERS-ROCKDALE COUNTY CHARTER COMMISSIONCREATION; REFERENDUM. No. 896 (Senate Bill No. 566). AN ACT To create the Conyers-Rockdale County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission; to provide that said commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the said commission and for the payment of same by the governing authorities of the City of Conyers and Rockdale County; to provide that said commission shall be authorized to study all matters relating to the governments of the City of Conyers and Rockdale County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Rockdale

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County; to provide for the powers of said commission relating to drafting a proposed county-wide government character; to provide for the submission of such proposed county-wide government charter to the qualified voters of Rockdale County and to the qualified voters of the City of Conyers for approval or rejection; to provide the manner in which such a 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 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 Conyers-Rockdale County Charter Commission Act and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II(a) of the Constitution of Georgia. Section 2 . As used in this Act, the term: (1) Charter commission or commission means the Conyers-Rockdale County Charter Commission provided for in this Act. (2) Conyers or City of Conyers or governing authority of the City of Conyers means the mayor and council members of the City of Conyers. (3) Governing authority of Rockdale County shall mean the Board of County Commissioners of Rockdale County. (4) Rockdale County State Legislative Delegation means the elected officials representing House District 57, Posts 1, 2, and 3 and the elected official representing Senate District 45 in the General Assembly of Georgia. Section 3 . There is created the Conyers-Rockdale County Charter Commission, which shall consist of 17 members who shall be appointed by a majority vote of the Rockdale County State Legislative Delegation. If a vacancy should occur on said commission for any reason, the appointing authority shall

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promptly fill the same. Nine members of the commission shall constitute a quorum for the transaction of business. Section 4 . (a) The charter commission shall hold an organizational meeting within 30 days after the approval of this Act by the Governor or its otherwise becoming law. The first order of business at said organizational meeting shall be the election of a permanent chairman who shall be elected by majority vote of all members of said commission. (b) After organization and election of a permanent chairman, the charter commission shall be authorized to elect a secretary who need not be a member of the commission and such other officers from the commission as it shall deem necessary. The charter commission shall be further authorized to employ such staff and to contract with any public or private institution or body for any special studies or assistance as it shall deem necessary to assist it in studying all matters relating to the governments of the City of Conyers and Rockdale County and in drafting a charter for a single county-wide government. The charter commission shall not employ any person to assist it in making its studies and drafting a county-wide government charter who holds any public office if the holder of such public office is elected by the people. (c) The members of the charter commission shall not receive per diem or other compensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the charter commission. The staff employed by the charter commission shall be paid compensation as determined by the commission within the limits of funds available to it under the provisions of this Act. The governing authority of the City of Conyers and the governing authority of Rockdale County are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of said governing authorities shall initially appropriate not less than $10,000.00 for the charter commission, and the treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of the charter commission. Said governing authorities shall appropriate such additional funds, in equal amounts, as may be necessary to meet the expenses of the charter commission, provided such additional expenditures shall be first

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approved by both such governing authorities; however, such approval shall not be unreasonably withheld. All public officials upon request shall furnish the charter commission with information and assistance necessary or appropriate for it to carry out its duties. The commission may also accept private donations for necessary expenses of the commission. Section 5 . The General Assembly delegates its power to the charter commission, and the charter commission is authorized to study all matters relating to the governments of the City of Conyers and Rockdale County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Rockdale County and to draft a proposed county-wide government charter as set forth in the Georgia Constitution. Section 6 . Any successor government created and established under this Act shall without the necessity of formality of deed, a 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 Conyers and Rockdale County. Section 7 . During the course of its studies, the charter commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of Conyers and Rockdale 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 Rockdale County at least twice during the week immediately preceding the week during which said public hearings are held. The charter commission shall be authorized to hold more than three public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided in this section. Section 8 . (a) The charter commission shall draft a proposed charter creating a single county-wide government and said proposed charter shall be prepared, completed, and filed with the City of Conyers and Rockdale County on or prior to 18 months from the effective date of this Act but no sooner than six months from said date; provided, however, the time for filing such proposed charter may be extended for such period of time as may be authorized by a resolution duly adopted by

Page 3903

the governing authority of the City of Conyers and by a similar resolution being duly adopted by the governing authority of Rockdale County. (b) Certified copies of such recommendations or of such proposed charter, as the case may be, shall be filed by the charter commission with the clerk of the governing authority of the City of Conyers and with the clerk of the governing authority of Rockdale County and shall be authenticated by the signature of the chairman of the 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 furnish or make available to every daily or weekly newspaper published in Rockdale County and to each radio station, television station, and other news media operating within the said county a complete copy of such recommendations or proposed charter, as the case may be, and shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of such recommendations or proposed charter. (d) The charter commission is authorized to adopt such rules and regulations as it shall deem necessary or desirable to carry out its powers and perform its duties and functions as provided in this Act. Section 9 . (a) After the charter commission drafts a proposed charter to create a single county-wide government, a certified copy of such proposed charter shall also be submitted to the election superintendent of Rockdale County. It shall be the duty of said election superintendent to call and hold a special election for ratification or rejection of said proposed charter as provided in Section 10 of this Act. (b) The charter commission may be abolished by a resolution being duly adopted by a majority vote of the Rockdale County State Legislative Delegation. Section 10 . (a) Not less than 15 nor more than 30 days after receipt of the certified copy of such proposed charter, it shall be the duty of the election superintendent of Rockdale

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County to issue the call for an election for the purpose of submitting said charter to the qualified voters of Rockdale County and to the qualified voters of the City of Conyers 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 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 Rockdale County. The ballot shall have written or printed thereon the following: () YES () NO Shall the charter consolidating the City of Conyers and Rockdale County and creating a single county-wide government to supersede and replace those governments be approved? 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 the question by the qualified voters of Rockdale County and the votes cast on the question by the qualified voters of the City of Conyers shall be tabulated separately. If more than one-half of the votes cast by the qualified voters of Rockdale County are for approval of the charter and if more than one-half of the votes cast by the qualified voters of the City of Conyers are for approval of the charter, the charter shall become effective as provided in this Act; otherwise, it shall be void and of no force and effect. The expense of the special election shall be borne equally by the City of Conyers and Rockdale County. (b) Except as otherwise provided in this Act, the special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. The election superintendent is authorized to name assistants to help in conducting the special election and may designate such poll managers as he deems necessary and shall designate the time and places for voting in such special election. (c) A qualified voter of Rockdale County means a voter qualified to vote in Rockdale County elections, and a qualified voter of the City of Conyers means a voter qualified to vote in City of Conyers elections. The election superintendent shall certify

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the results of the election to the Secretary of State. The election superintendent shall also furnish to the Secretary of State along with the returns of the special election a certified copy of the charter previously filed with him by the charter commission. The Secretary of State shall issue his proclamation showing and declaring the result of the election for 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 Conyers 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 Rockdale County who shall attach the same to the copy of the charter previously certified to him. (d) Whenever a charter for the consolidation of the governments of the City of Conyers and Rockdale County has been adopted, two certified copies, with the proclamation of the Secretary of State attached thereto, shall be deemed duplicate original copies of the charter of said consolidated government and shall be admissible in evidence without further authentication. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Conyers and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Rockdale County shall subsequently be delivered by them to such officer of the successor government as said charter shall provide. The officer of said government to whom said copies of the charter and proclamation are delivered may issue certified copies of said charter 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 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 county-wide government charter is approved 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 government, the existing governments of the City of Conyers and Rockdale County shall

Page 3906

stand abolished, all in accordance with the provisions of the charter of said county-wide government. Section 12 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill creating the Conyers-Rockdale County Charter Commission; providing for related matters; and for other purposes. This 12th day of January, 1988. Harrill L. Dawkins 1tcJ19Tues. 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 date: January 19, 1988. /s/ Harrill L. Dawkins Senator, 45th District Sworn to and subscribed before me, this 27th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. Approved March 10, 1988.

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SCHLEY COUNTYTAX COMMISSIONER; COMPENSATION. No. 897 (Senate Bill No. 507). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Schley County and establishing the office of Tax Commissioner of Schley County, approved March 2, 1943 (Ga. L. 1943, p. 1110), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 808), so as to change the method of compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act consolidating the offices of Tax Receiver and Tax Commissioner of Schley County and establishing the office of Tax Commissioner of Schley County, approved March 2, 1943 (Ga. L. 1943, p. 1110), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 808), is amended by striking Section 2 in its entirety and inserting in its place a new Section 2 to read as follows: Section 2. The tax commissioner shall receive an annual salary of $20,000.00 to be paid from funds of the county. In addition, if collections for the tax year for all state and county taxes, excluding any taxes for school purposes, exceed 90 percent of the total state and county taxes due, then the tax commissioner shall also receive as compensation an amount equal to 10 percent of any such taxes collected in excess of 90 percent of all such taxes due. All fees and commissions collected by the tax commissioner for the sale of motor vehicle license plates or revalidation decals shall be remitted to the county treasury of Schley County. Section 2 . This Act shall become effective on January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

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PAT 366 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Schley County and establishing the office of Tax Commissioner of Schley County, approved March 2, 1943 (Ga. L. 1943, p. 1110), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 808), so as to change the method of compensation of the tax commissioner; and for other purposes. This 15th day of January, 1988. W. C. HOLT, CHAIRMAN SCHLEY COUNTY BOARD OF COMMISSIONERS HONORABLE L. H. MCKENZIE SENATOR, 14TH DISTRICT (1:21) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lewis H. McKenzie, who, on oath, deposes and says that he is Senator from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Patriot Citizen which is the official organ of Schley County, on the following date: January 21, 1988. /s/ Lewis H. McKenzie Senator, 14th District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County Georgia My Commission Expires Nov. 21, 1989 Approved March 10, 1988.

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LINCOLN COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; APPOINTMENT. No. 898 (Senate Bill No. 607). AN ACT To make provisions for the Magistrate Court of Lincoln County; to provide for the appointment of the chief magistrate; to provide for a statement of intent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The chief magistrate of Lincoln County shall be appointed by the board of commissioners of Lincoln County. Section 2 . The provisions of Section 1 of this Act shall not affect the term of office of the chief magistrate who is in office on the effective date of this Act and such chief magistrate shall continue in office for the remainder of such term of office. 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 1988 session of the General Assembly of Georgia a bill to provide for the Magistrate Court of Lincoln County; to provide for the appointment of the chief magistrate; and for other purposes. This 18th day of January, 1988. /s/ S. P. McGill 1 21 1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill, who, on

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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 Lincoln Journal which is the official organ of Lincoln County, on the following date: January 21, 1988. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988. Approved March 10, 1988. CITY OF CLAYTONELECTIONS; DATE. No. 899 (Senate Bill No. 623). AN ACT To amend an Act incorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, particularly by an Act approved August 1, 1921 (Ga. L. 1921, p. 750), so as to change the provisions relating to the date of city elections; 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 Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, particularly by an Act approved August 1, 1921 (Ga. L. 1921, p. 750), is amended by striking from the first sentence of Section 4 the words third Saturday in December wherever the same appear

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and inserting in lieu thereof the words first Saturday in December. Section 2 . Said Act is further amended by adding immediately following Section 4 a new Section 4A to read as follows: Section 4A. Beginning in 1988, the date of the regular city election of the City of Clayton shall be the first Saturday in December of each year until otherwise provided by Code Section 21-3-51 of the O.C.G.A. 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 1988 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600), as amended, particularly by an Act approved August 1, 1921 (Ga. L. 1921, p. 750); and for other purposes. This 22 day of January, 1988. John C. Foster Senator, 50th District 1/28C GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following date: January 28, 1988. /s/ John C. Foster Senator, 50th District

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Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 10, 1988. CITY OF LAFAYETTECORPORATE LIMITS. No. 900 (Senate Bill No. 639). AN ACT To amend an Act creating a new charter for the City of LaFayette, approved March 26, 1969 (Ga. L. 1969, p. 2298), as amended, so as to change and define the corporate limits of the City of LaFayette; 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), as amended, is amended by striking Appendix I thereto in its entirety and inserting in lieu thereof a new Appendix I to read as follows: APPENDIX I BOUNDARIES OF THE CITY OF LAFAYETTE, GEORGIA The boundaries of the City of LaFayette shall be as follows: Beginning at the Northwest corner of Land Lot 8 in the 7th District and 4th Section of Walker County, Georgia, and from said beginning point running thence South along the West line of said Land Lot 8 and continuing along the

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West line of Land Lot 29 in said District and Section a total distance of 5,280 feet to the Southwest corner of said Land Lot 29; thence North 89 degrees 37 minutes West along the North line of Land Lot 43 in said District and Section 2,731.4 feet to the Northwest corner of said Land Lot 43; thence South 0 degrees 30 minutes West along the West line of said Land Lot 43 a distance of 1,060.8 feet; thence South 88 degrees 35 minutes East 952 feet, more or less, to the Westerly right-of-way line of Hillsdale Road; thence Southerly along the Westerly line of Hillsdale Road the following courses and distances: South 1 degree 08 minutes West 192.92 feet, South 0 degrees 43 minutes East 158.96 feet, South 1 degree 25 minutes West 98.69 feet, and South 9 degrees 18 minutes West 4.33 feet to the Northeast corner of the property owned by the City of LaFayette upon which is located a water treatment plant; thence south 80 degrees 41 minutes West 345 feet; thence south 3 degrees 31 minutes West along the West line of said property of City of LaFayette 305.98 feet to a point located on the Northerly right-of-way line of State Highway No. 193; thence Easterly along the Northerly line of said State Highway No. 193 a distance of 2,142.5 feet, more or less, to the point where the Northerly line of said highway intersects the East line of said Land Lot 43, the same being the West line of Land Lot 44, in said District and Section; thence South along the original West lines of Land Lot 44, Land Lot 65 and Land Lot 80 in the 7th District and 4th Section of said County to the Southwest corner of said Land Lot 80; thence East along the South line of said Land Lot 80, the same being the North line of Land Lot 101 in said District and Section, to a point which is 1,740.1 feet West of the Northeast corner of said Land Lot 101; thence South 1 degree 30 minutes East 891.7 feet; thence North 86 degrees 10 minutes West 609.3 feet; thence North 75 degrees 30 minutes West 260 feet to a point on the Easterly line of Broomtown Road (Georgia State Highway No. 337); thence Southerly along the Easterly line of said State Highway No. 337 to the point where the Easterly line of said highway is intersected by the West line of said Land Lot 101, the same being the East line of Land Lot 102; thence Southwesterly along the Easterly line of said State Highway No. 337 a distance of 1,135 feet, more or less, to the point where the Easterly right-of-way line of said State Highway intersects the South line of Land Lot

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102 in said District and Section; thence North 89 degrees 10 minutes East along the South line of said Land Lot 102, the same being the North line of Land Lot 115, a distance of 330 feet; thence South 17 degrees 5 minutes West 340 feet; thence South 0 degrees 50 minutes East 905 feet to a point in or near the center of a branch; thence South 47 degrees 49 minutes East 344.2 feet to a point in said branch; thence South 0 degrees 50 minutes East 620.3 feet; thence South 88 degrees 26 minutes East 100 feet to the center line of what is known as the Central of Georgia Railroad right-of-way (Southern Railway System, now Norfolk-Southern Railroad System); thence Northeasterly along and with the center line of said Railroad 1,180.1 feet to a point which is 1,370.6 feet, measured along the center line of said Railroad, Southerly from the point where the center line of said Railroad intersects the North line of Land Lot 116 in said District and Section; thence South 67 degrees 24 minutes East 315.8 feet to a point in the center of Chattooga Creek; thence Northeasterly and Northerly along and with the center line of Chattooga Creel and continuing along the center line of the channel change which was made around the year 1972 a distance of 2,195 feet, more or less, to the point where the center line of said Creek intersects the Southerly right-of-way line of Shattuck Industrial Boulevard, the bridge over said Creek on Shattuck Industrial Boulevard being immediately North of said point; thence Southerly along and with the Southerly right-of-way line of Shattuck Industrial Boulevard to the Southwest corner of the intersection of Shattuck Industrial Boulevard and Foster Mill Drive; thence Northerly 100 feet, more or less, to the Northwest corner of the intersection of Shattuck Industrial Boulevard and Foster Mill Drive; thence Northeasterly along the Westerly right-of-way line of Foster Mill Drive 939.86 feet to the Southeasterly corner of the property of John William Tench; thence North 65 degrees 7 minutes West along the Southerly line of said Tench property 200.3 feet to the Southwest corner of said Tench property; thence North 32 degrees 18 minutes East along the West line of said Tench property 256.4 feet to the South line of the property of Louie Hegwood; thence North 56 degrees 58 minutes West 153.6 feet; thence North 24 degrees 7 minutes East 647.5 feet; thence North 88 degrees 19 minutes East 219.9 feet; thence North 45 degrees East 483 feet; thence South 69 degrees 3 minutes East 332.5 feet

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to the Westerly right-of-way line of Foster Mill Road; thence North 24 degrees 33 minutes East along the Westerly line of said road 38.4 feet; thence Northeasterly and continuing along the Westerly line of said road 111.7 feet (the chord on the last described line being North 22 degrees 54 minutes East 111.6 feet); thence North 69 degrees 6 minutes West 272 feet; thence North 25 degrees 24 minutes East 160.3 feet; thence North 69 degrees 6 minutes West 206.1 feet; thence North 16 degrees 10 minutes East 328.2 feet; thence North 22 degrees 36 minutes East 339.7 feet to the Northwest corner of the property of Rudy R. Barrett and Lola Barrett; thence North 14 degrees 44 minutes East 30 feet, more or less, to the South line of Land Lot 82; thence East along the South line of Land Lot 82 to the Easterly right-of-way line of Foster Mill Road; thence Southerly along the Easterly line of said road 214 feet; thence South 75 degrees East along the South line of the Underwood property 318 feet; thence North 12 degrees 20 minutes East 286 feet to a point on the North line of Land Lot 99, the same being the South line of Land Lot 82, in said District and Section; thence East along the South line of said Land Lot 82 and continuing along the South line of said Land Lot 83 in said District and Section to the Southeast corner of said Land Lot 83; thence North along the East line of said Land Lot 83 a distance of 2,640 feet to the Northeast corner of said Land Lot; thence continuing North along the East line of Land Lot 62 in said District and Section to the point where the East line of said Land Lot is intersected by the North right-of-way line of State Highway NO. 136; thence Southeasterly along the North line of said State Highway No. 136 a distance of 760 feet, more or less, to the point where the North line of said highway is intersected by the East line of a road which leads North into Skyline Heights Subdivision, which road is now known as Sunrise Drive; thence South 72 degrees 15 minutes East along the Northerly line of said State Highway No. 136 a distance of 168.4 feet; thence North 3 degrees 10 minutes East 309.6 feet; thence North 54 degrees 57 minutes East 40.1 feet; thence North 47 degrees 17 minutes West 115.1 feet; thence North 44 degrees 17 minutes West 35.1 feet; thence North 42 degrees 6 minutes West 64 feet to a point on the Westerly right-of-way line of Sunrise Drive; thence Northerly along the Westerly line of Sunrise Drive, sometimes referred to as Skyline Drive, 15 feet to the Southeast

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corner of property of City of LaFayette; thence South 74 degrees East 348.8 feet; thence North 1 degrees East 9 feet; thence North 88 degrees 30 minutes East 181 feet to the Southeast corner of property of City of LaFayette; thence North 1 degree 30 minutes West 650 feet to the Southeast corner of Lot 5 in Block E of Skyline Heights Subdivision as shown on plat recorded in Plat Book 5, page 53, Clerk's Office, Superior Court, Walker County, Georgia; thence North 29 degrees East along the East line of said Lot No. 5 a distance of 256.7 feet to a point on the South line of Lot 6 in Block E of said subdivision; thence South 86 degrees East along the South line of said Lot 6 a distance of 186 feet to the Southeast corner of said Lot 6; thence North 15 degrees East along the East line of Skyline Heights Subdivision 400 feet; thence South 76 degrees 29 minutes 19 seconds East along the South line of the Pope property 832.4 feet to a point on the East line of Land Lot 48 in the 7th District and 4th Section; thence North 0 degrees 8 minutes 16 seconds West along the East line of said Land Lot 48 a distance of 677.7 feet to the center line of the 100 foot right-of-way of Georgia Power Company; thence South 86 degrees 33 minutes 27 seconds West along the center line of said right-of-way and along the South line of the Wardlaw property 678.1 feet to the East line of Block E Skyline Heights Subdivision; thence North 15 degrees East along the East line of Lot 13 in Block E of said subdivision a distance of 75.6 feet to the South line of Morningside Drive; thence North 1 degree 30 minutes West along the dead-end of Morningside Drive and along the East line of Block D of Skyline Heights Subdivision (Plat Book 4, page 182 in said Clerk's Office) a total distance of 1,327 feet to a point on the North line of said Land Lot 48, which point is 210 feet East of the East right-of-way line of Sunrise Drive; thence continuing North 1 degree 15 minutes West into Land Lot 25 in the 7th District and 4th Section a distance of 972 feet to the North line of the property of Paul W. Baker; thence North 89 degrees 53 minutes East 600 feet, more or less, to the East line of Land Lot 25; thence North along the East line of Land Lot 25 a distance of 1,174.5 feet; thence South 89 degrees 54 minutes East 2,085 feet to the East line of Wilson Pond Road, sometimes known as Bird Wilson Road; thence North along the East line of said road and continuing along an extension of the East line of said road in a Northerly direction a total distance of 780

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feet, more or less, to the North right-of-way line of Round Pond Road; thence West along the North right-of-way line of Round Pond Road 586 feet, more or less, to the East line of Land Lot 11 in the 7th District and 4th Section; thence North along the East line of said Land Lot 11 a distance of 2,640 feet, more or less, to the Northeast corner of said Land Lot 11; thence West along the North line of said Land Lot 11 to the Southeast corner of Land Lot 315 in the 8th District and 4th Section; thence North along the East line of said Land Lot 315 to the Northeast corner of Land Lot 315; thence continuing North along the East line of Land Lot 298 and along the East line of Land Lot 279 in said District and Section a total distance of 2,780 feet to a point on the Northerly right-of-way line of McCarter Road; thence Southeasterly along the Northerly and Northeasterly line of McCarter Road 580 feet to the Southeast corner of Lot No. 69 of Fairview Heights Subdivision; thence North along the East line of said Lot 69 of Fairview Heights Subdivision 180 feet to a point on the South line of Linda Drive, also known as Louise Avenue, and continuing thence North 50 feet to a point on the Northerly line of Louise Avenue; thence Northwesterly along the Northeasterly line of Louise Avenue 156 feet; thence North along the East line of Louise Avenue 630 feet to the Southeast corner of the intersection of Louise Avenue and Jessie Drive; thence continuing North 50 feet to a point on the North line of Jessie Drive; thence North 185 feet to a point on the North line of Pickard Drive; thence South 87 degrees 29 minutes 33 seconds East along the North line of Pickard Drive 105 feet, more or less, to the Southeast corner of the property conveyed to Auto Custom Carpets, Inc. by deed dated August 30, 1984, recorded in Deed Book 525, page 562 in said Clerk's Office; thence North 5 degrees 28 minutes 45 seconds East 171.48 feet; thence North 88 degrees 54 minutes 40 seconds West 103.6 feet to the Southeast corner of what was known as the Duckett property, now the property of K. L. Ficken, Trustee, as described in deed dated May 6, 1980, recorded in Deed Book 471, page 668; thence North 19 degrees 30 minutes East 507 feet; thence North 89 degrees 20 minutes West 218 feet to a point on the East right-of-way line of U.S. Highway 27; thence Northerly along the Easterly right-of-way line of U.S. Highway No. 27 a distance of 950 feet, more or less, to the point where the Easterly line of said highway intersects the South

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line of what is known as Lake Howard Road; thence West to the point of intersection of the Westerly line of U.S. Highway 27 with the South line of State Highway No. 136, and continuing West along the South line of said State Highway No. 136 a total distance of 600 feet, more or less, to the Easterly right-of-way line of the Central of Georgia Railroad; thence Northerly along the Easterly line of said Railroad right-of-way 100 feet, more or less, to the Northerly line of State Highway No. 136; thence Westerly along the Northerly line of said highway 60 feet, more or less, to the point where the Westerly right-of-way line of said Railroad intersects the Northerly line of said highway; thence North 32 degrees 26 minutes East along the Westerly right-of-way line of said Railroad 1,422.55 feet; thence North 82 degrees 53 minutes West 835.69 feet; thence North 1 degree 13 minutes East 1,060.07 feet; thence North 88 degrees 11 minutes 54 seconds West 300 feet; thence North 1 degree 13 minutes East 300 feet to a point on the South line of Warren Road; thence North 89 degrees 37 minutes 6 seconds West along the South line of Warren Road 612.08 feet, and continuing along the South line of said road North 83 degrees 15 minutes 20 seconds West 191.24 feet to the point where the South line of Warren Road intersects the Easterly line of Straight Gut Road; thence Southerly along the Easterly line of Straight Gut Road 2,856 feet, more or less, to the point where the Easterly line of said road intersects the Northerly line of said State Highway No. 136; thence Easterly along the Northerly line of said Highway No. 136 a distance of 1,946 feet, more or less, to the point where the Northerly line of said highway intersects the Westerly right-of-way line of said Central of Georgia Railroad; thence Southerly along the Westerly line of said Railroad 860 feet, more or less, to the Northeast corner of the property conveyed by Phoenix Smelting Corporation to City of LaFayette, Georgia, by deed dated December 16, 1981, recorded in Deed Book 491, page 108 of the Deed Records of Walker County, Georgia; thence South 89 degrees 34 minutes West 1,685.7 feet to a point on the Easterly line of Gordon Pond Road, also known as Mineral Springs Road; thence Southerly along the Easterly line of said road the following courses and distances: South 13 degrees 45 minutes East 243.9 feet, South 5 degrees 27 minutes East 150 feet, and South 0 degrees 27 minutes East 1,087.3 feet to the North line of the property of Frank Shattuck,

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Jr.; thence North 88 degrees 45 minutes East 464.3 feet; thence South 1 degree 15 minutes East 100 feet; thence South 31 degrees 15 minutes East 77.5 feet to a point on the Northwesterly right-of-way line of said Central of Georgia Railroad; thence Southwesterly along the Northwesterly right-of-way line of said Railroad a distance of 990 feet, more or less, to the point where the Northwesterly right-of-way line of said Railroad intersects the Westerly line of Gordon Pond Road; thence Southerly along the Westerly line of Gordon Pond Road 1,350 feet to the point where the West line of said road intersects the West line of West North Main Street, also known as the Old Chattanooga Highway; thence South along the West line of West North Main Street 952 feet, more or less, to the point where the West line of said street intersects the South line of Land Lot 298 in said district and section, said point also being where the North line of Probasco Street intersects the West line of West North Main Street; thence West along the South line of said Land Lot 298, the same being the North line of Probasco Street, a distance of 670 feet, more or less, to the point where the North line of Probasco Street is intersected by the West right-of-way line of said Central of Georgia Railroad in Land Lot 298; thence Northerly along the Westerly line of said Railroad 385 feet; thence South 88 degrees 30 minutes West 341 feet to a point on the East line of Land Lot 297 in the 8th District and 4th Section; thence North 1 degree 30 minutes West along the East line of said Land Lot 297 a distance of 841.7 feet; thence South 88 degrees 30 minutes West 1,330 feet; thence South 1 degree 30 minutes East 1,193 feet to the South line of said Land Lot 297, the same being the North line of Land Lot 316 in said District and Section; thence West along the North line of said Land Lot 316 to the Northwest corner of Land Lot 316; thence South along the West line of Land Lot 316 a distance of 2,640 feet to the Southwest corner of Land Lot 316; thence West along the North line of Land Lot 8 in the 7th District and 4th Section of said County to the Northwest corner of said Land Lot, the same being the beginning point. Also, there is included within the boundaries of the City of LaFayette all of that property owned by the City of LaFayette (but not including land in which the City only has flood easement rights) which was acquired in connection with the

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creation of a lake which is owned by said City and which is now known as Queen City Lake, said property being more particularly described as follows: All that tract or parcel of land situate, lying and being in Land Lot 12 in the 7th District and 4th Section and in Land Lots 240, 263, 264, 265, 276, 277, 278, 299, 300, 301, 312, 313, and 314 in the 8th District and 4th Section, all in Walker County, Georgia, and being more particularly described as follows: Start at the point where the center line of Round Pond Road, a public road in Walker County, Georgia, intersects the East line of Land Lot 11 in the 7th District and 4th Section, and from said starting point running thence Easterly and Northeasterly along and with the center line of said Round Pond Road a distance of 3,400 feet, more or less, to the point where the East line, if the same were extended Southerly in a straight line, of the property conveyed by J. T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia, by warranty deed dated December 5, 1974, recorded in Deed Book 403, pages 635-641, of the Deed Records of Walker County, Georgia, would intersect the center line of said Round Pond Road; thence Northerly 20 feet, more or less, to a point on the Northerly line of said road, said point being the point where the East line of the property so conveyed by J. T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia, by the aforesaid deed, intersects the Northerly line of said Road, the same also being the Southwest corner of the property of Mrs. Clark Sosebee, which point is the beginning point of the property herein described, and from said beginning point running thence North 05 degrees 07 minutes West along a fence and along the West line of said Sosebee property a distance of 437.9 feet to an iron pipe; thence North 04 degrees 30 minutes West along the West line of said Sosebee property 153.2 feet to the North line of said Land Lot 12, said line also being the District line between the 8th District and 7th District of Walker County, Georgia, and said point being 200.1 feet North 88 degrees 59 minutes West of the Northeast corner of said Land Lot 12; thence North 11 degrees 35 minutes East 1,038.3 feet to an iron pipe located in said Land Lot 313; thence North 03 degrees 15 minutes East 149.1 feet; thence North 48 degrees 28 minutes West 233.4 feet; thence North 65 degrees 57 minutes West 138.9 feet; thence North 56 degrees 26 minutes West

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91.4 feet; thence North 34 degrees 32 minutes West 293.3 feet; thence North 01 degree 58 minutes West 230.5 feet; thence North 68 degrees 59 minutes East 52.9 feet; thence North 00 degrees 23 minutes East 303.2 feet; thence North 47 degrees 53 minutes East 103.4 feet; thence North 60 degrees 13 minutes East 318.5 feet; thence South 76 degrees 29 minutes East 96.4 feet; thence North 05 degrees 36 minutes West 111.7 feet; thence North 44 degrees 30 minutes East 158.7 feet; thence South 86 degrees 08 minutes East 87.9 feet; thence North 00 degrees 10 minutes West 94.6 feet; thence North 30 degrees 47 minutes East 124.4 feet to a point on the North line of said Land Lot 313, the same being the South line of said Land Lot 300; thence North 49 degrees 55 minutes East 79.1 feet; thence North 27 degrees West 19.2 feet; thence South 63 degrees 28 minutes West 154.2 feet to a point on the aforesaid South line of said Land Lot 300; thence South 67 degrees 18 minutes West 84.8 feet; thence South 64 degrees 01 minute West 286.8 feet; thence South 89 degrees 31 minutes West 185.4 feet; thence North 00 degrees 37 minutes East 168.1 feet to a point on the South line of said Land Lot 300; thence North 04 degrees 43 minutes East 217.4 feet; thence North 25 degrees 30 minutes East 106.4 feet; thence North 28 degrees 59 minutes East 227.5 feet; thence North 45 degrees 06 minutes East 89.4 feet; thence North 35 degrees 11 minutes East 128 feet; thence North 52 degrees 35 minutes East 350.2 feet; thence North 69 degrees 14 minutes East 102.2 feet; thence North 89 degrees 41 minutes East 115.4 feet to a point on the East line of said Land Lot 300, the same being the West line of said Land Lot 301; thence North 89 degrees 41 minutes East 1.8 feet; thence North 29 degrees 31 minutes East 46.9 feet; thence North 29 degrees 31 minutes East 55.9 feet; thence North 72 degrees 35 minutes East 245.5 feet; thence North 71 degrees 59 minutes East 93.9 feet; thence North 36 degrees East 200.9 feet; thence North 46 degrees 47 minutes West 62.2 feet; thence North 87 degrees 50 minutes West 105.7 feet; thence North 77 degrees 34 minutes West 199.8 feet; thence South 69 degrees 55 minutes West 75.6 feet; thence North 86 degrees 38 minutes West 69.2 feet to the West line of said Land Lot 301; thence North 86 degrees 38 minutes West 239.5 feet; thence North 73 degrees 50 minutes West 138.7 feet; thence North 11 degrees 59 minutes West 94.1 feet; thence North 14 degrees 57 minutes East

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172.7 feet; thence North 07 degrees 44 minutes East 91.5 feet; thence North 22 degrees 28 minutes East 127.3 feet; thence North 09 degrees 52 minutes East 314.3 feet; thence North 29 degrees 48 minutes East 83.6 feet; thence North 06 degrees 54 minutes East 100.7 feet; thence North 22 degrees 39 minutes West 38.9 feet to the North line of said Land Lot 300, the same being the South line of said Land Lot 277; thence North 22 degrees 39 minutes West 108.8 feet; thence North 10 degrees 06 minutes East 107.4 feet; thence North 07 degrees 33 minutes East 82.1 feet; thence North 25 degrees 21 minutes East 77.1 feet; thence North 15 degrees 28 minutes East 134 feet; thence North 08 degrees 40 minutes East 105 feet; thence North 14 degrees 04 minutes East 137 feet; thence North 23 degrees 18 minutes East 117.9 feet; thence North 27 degrees 29 minutes West 71.7 feet; thence North 52 degrees 39 minutes West 121 feet; thence North 12 degrees 22 minutes West 47.2 feet; thence North 55 degrees 51 minutes West 24.9 feet; thence continuing North 55 degrees 51 minutes West 38.3 feet; thence North 00 degrees 11 minutes West 82.5 feet; thence North 04 degrees 51 minutes East 108.2 feet; thence North 26 degrees 05 minutes West 100.9 feet; thence North 08 degrees 24 minutes West 91.9 feet; thence North 16 degrees 32 minutes East 103.4 feet; thence North 63 degrees 32 minutes East 69.2 feet; thence North 81 degrees 44 minutes East 123 feet; thence North 18 degrees 12 minutes East 50 feet; thence North 54 degrees 58 minutes West 81.5 feet; thence North 83 degrees 58 minutes West 58.9 feet; thence North 06 degrees 30 minutes East 175.5 feet; thence North 28 degrees 05 minutes East 120.6 feet; thence North 22 degrees 33 minutes East 274.2 feet to the East line of said Land Lot 277, the same being the West line of said Land Lot 276; thence North 22 degrees 33 minutes East 22.8 feet; thence North 25 degrees 11 minutes East 273.2 feet; thence North 22 degrees 09 minutes East 248.5 feet to a point on the South line of Lake Howard Road; thence North 24 degrees 13 minutes East crossing said Lake Howard Road 54.4 feet to a point in said Land Lot 265 which is located on the North line of said Lake Howard Road, the same being on or near the original South line of said Land Lot 265; thence North 26 degrees 14 minutes East 346.2 feet; thence North 23 degrees 57 minutes East 98.9 feet; thence North 22 degrees 17 minutes East 392.9 feet; thence North 69 degrees 55 minutes

Page 3923

East 194.9 feet; thence North 08 degrees 40 minutes West 340.8 feet; thence North 04 degrees 43 minutes East 81.2 feet; thence North 57 degrees 13 minutes West 31.5 feet; thence South 67 degrees 28 minutes West 266.7 feet; thence South 43 degrees 05 minutes West 280.1 feet; thence South 80 degrees 39 minutes West 178.2 feet; thence South 15 degrees 15 minutes East 197 feet; thence South 24 degrees 03 minutes West 136.4 feet; thence South 39 degrees 50 minutes West 125.8 feet to the West line of said Land Lot 265, the same being the East line of said Land Lot 264; thence South 78 degrees 58 minutes West 48.6 feet; thence South 50 degrees 13 minutes West 98.8 feet; thence South 34 degrees 59 minutes West 147.6 feet; thence South 30 degrees 11 minutes West 356.4 feet; thence South 50 degrees 56 minutes West 8.5 feet to a point on the North right-of-way line of Lake Howard Road; thence crossing said Lake Howard Road South 36 degrees 09 minutes West 61.1 feet to a point on the South right-of-way line of Lake Howard Road, said point also being in Land Lot 277; thence South 13 degrees 26 minutes West 40.6 feet; thence South 24 degrees 52 minutes East 84.2 feet; thence South 19 degrees 20 minutes West 79.2 feet; thence South 40 degrees 06 minutes West 119.3 feet; thence South 49 degrees 37 minutes West 159.9 feet; thence North 86 degrees 29 minutes West 86.3 feet; thence South 14 degrees 12 minutes West 33.3 feet; thence South 52 degrees 34 minutes East 79 feet; thence South 11 degrees 40 minutes West 190 feet; thence South 03 degrees 46 minutes West 101.3 feet; thence South 12 degrees 53 minutes West 115.6 feet; thence South 17 degrees 14 minutes West 159.6 feet; thence South 07 degrees 30 minutes West 171.9 feet; thence South 04 degrees 37 minutes East 93.9 feet; thence South 19 degrees 27 minutes West 48.6 feet; thence South 41 degrees 48 minutes West 101 feet; thence South 57 degrees 34 minutes West 85.7 feet; thence South 33 degrees 04 minutes East 206.1 feet; thence South 03 degrees 10 minutes West 289 feet; thence South 16 degrees 31 minutes West 219.6 feet; thence South 25 degrees 16 minutes East 231.2 feet; thence South 00 degrees 12 minutes East 62 feet; thence South 75 degrees 19 minutes West 126 feet; thence South 05 degrees 08 minutes West 65.2 feet; thence South 33 degrees 12 minutes East 74.8 feet; thence South 01 degree 52 minutes West 156.2 feet; thence South 42 degrees 24 minutes West 4.1 feet to the

Page 3924

South line of said Land Lot 277, the same being the North line of said Land Lot 300; thence South 42 degrees 24 minutes West 47 feet; thence South 55 degrees 29 minutes West 130.6 feet; thence South 87 degrees 07 minutes West 92.8 feet; thence South 52 degrees 36 minutes West 207.8 feet; thence North 47 degrees 28 minutes West 140.1 feet; thence North 59 degrees 47 minutes West 55.1 feet; thence North 04 degrees 40 minutes West 39.4 feet; thence North 68 degrees 23 minutes West 75.1 feet; thence North 71 degrees 10 minutes West 99.3 feet; thence North 66 degrees 43 minutes West 50.5 feet to the North line of said Land Lot 300, the same being the South line of said Land Lot 277; thence continuing North 66 degrees 43 minutes West 36.8 feet; thence North 21 degrees 58 minutes West 178.5 feet; thence North 55 degrees 27 minutes West 109.5 feet; thence North 22 degrees 49 minutes West 52.4 feet; thence North 30 degrees West 58 feet; thence North 62 degrees 26 minutes West 53.7 feet; thence North 06 degrees 14 minutes East 2.1 feet to a point on the South right-of-way line of Wheeler Road, also known as McCarter Road; thence crossing said road North 06 degrees 14 minutes East 44.3 feet to a point on the North line of said road; thence North 06 degrees 14 minutes East 18.6 feet; thence North 41 degrees 22 minutes West 136.7 feet; thence North 15 degrees 52 minutes West 142.3 feet; thence North 20 degrees 29 minutes West 134.5 feet; thence North 43 degrees 40 minutes West 103.2 feet; thence North 17 degrees 28 minutes West 65.1 feet; thence North 45 degrees 23 minutes West 109.1 feet; thence North 00 degrees 13 minutes West 69.1 feet; thence North 16 degrees 50 minutes West 99 feet; thence North 30 degrees 55 minutes West 72 feet; thence North 30 degrees 55 minutes West 25.4 feet; thence North 54 degrees 15 minutes West 62.2 feet; thence North 65 degrees 20 minutes West 51 feet; thence North 24 degrees 44 minutes West 70.7 feet; thence North 12 degrees 12 minutes East 83.7 feet; thence North 21 degrees 25 minutes West 64.3 feet; thence North 01 degree 51 minutes West 87.2 feet; thence North 06 degrees 15 minutes West 117.6 feet; thence North 26 degrees 10 minutes West 78 feet; thence North 09 degrees 24 minutes West 114.1 feet; thence North 17 degrees 31 minutes West 53.2 feet; thence North 48 degrees 04 minutes West 37.8 feet; thence North 01 degrees 37 minutes East 14 feet; thence North 88 degrees 23 minutes West 16.5 feet; thence South 06 degrees 09 minutes

Page 3925

West 104.5 feet; thence South 03 degrees 26 minutes West 168.1 feet; thence South 13 degrees 02 minutes West 82 feet; thence South 16 degrees 34 minutes West 73.5 feet; thence South 01 degree 22 minutes East 104.3 feet; thence South 09 degrees 23 minutes East 58 feet; thence South 06 degrees 34 minutes West 62.1 feet; thence South 33 degrees 46 minutes East 154.4 feet; thence South 06 degrees 27 minutes West 43 feet; thence South 08 degrees 13 minutes East 57.5 feet; thence South 29 degrees 52 minutes East 82.8 feet; thence South 24 degrees 47 minutes West 106.6 feet; thence South 18 degrees 30 minutes East 85.5 feet; thence South 64 degrees 45 minutes East 59.3 feet; thence South 35 degrees 08 minutes East 96.3 feet; thence South 43 degrees 54 minutes East 89.5 feet; thence South 32 degrees 42 minutes West 57.9 feet; thence South 28 degrees 48 minutes West 35.7 feet; thence South 14 degrees 12 minutes East 51.8 feet; thence South 09 degrees 03 minutes East 79.8 feet; thence South 22 degrees 19 minutes East 100.1 feet; thence South 33 degrees 19 minutes East 68.8 feet; thence South 40 degrees 18 minutes East 81.6 feet; thence South 14 degrees 43 minutes East 14 feet to a point on the Northerly line of Wheeler Road, also known as McCarter Road; thence crossing said road South 14 degrees 43 minutes East 40.9 feet to a point on the South line of said Road; thence South 14 degrees 43 minutes East 10.9 feet; thence South 08 degrees 22 minutes West 84.2 feet; thence South 29 degrees 33 minutes West 90.7 feet; thence South 23 degrees 28 minutes West 60.8 feet; thence South 21 degrees 29 minutes East 186.1 feet; thence South 21 degrees 30 minutes West 38 feet; thence South 40 degrees 26 minutes West 105.6 feet; thence North 85 degrees 55 minutes West 126.2 feet; thence South 28 degrees 12 minutes West 30.9 feet; thence South 10 degrees 58 minutes East 72.1 feet; thence South 69 degrees 45 minutes East 67.1 feet; thence North 74 degrees 37 minutes East 154.6 feet; thence South 86 degrees 57 minutes East 73.8 feet; thence South 15 degrees 16 minutes East 75.9 feet; thence North 60 degrees 11 minutes East 82.5 feet; thence South 63 degrees 01 minute East 46.9 feet; thence South 28 degrees 12 minutes East 83.6 feet; thence South 85 degrees 35 minutes East 39.7 feet; thence South 42 degrees 58 minutes East 48.2 feet; thence South 58 degrees 26 minutes East 105.3 feet; thence South 58 degrees 20 minutes East 134.5 feet; thence South 25 degrees 22 minutes East

Page 3926

39.6 feet; thence South 86 degrees 40 minutes East 127.4 feet; thence South 47 degrees 53 minutes East 134.7 feet; thence South 25 degrees 47 minutes East 86.5 feet; thence South 27 degrees 47 minutes West 130.9 feet; thence South 19 degrees 04 minutes East 105.4 feet; thence South 28 degrees 25 minutes East 108.3 feet; thence South 18 degrees 58 minutes East 7.18 feet; thence South 30 degrees 14 minutes West 264.6 feet; thence South 16 degrees 41 minutes East 167.1 feet; thence South 54 degrees 59 minutes West 171.9 feet; thence South 02 degrees 09 minutes East 222.5 feet; thence South 01 degree 02 minutes West 110 feet; thence South 24 degrees 52 minutes West 83 feet; thence South 55 degrees 08 minutes West 56 feet; thence South 69 degrees 49 minutes West 113.6 feet; thence South 19 degrees 39 minutes East 151 feet; thence South 13 degrees 43 minutes West 53.5 feet; thence South 03 degrees 35 minutes West 79.1 feet; thence South 03 degrees 48 minutes East 72.4 feet; thence South 19 degrees 24 minutes East 128.9 feet; thence South 20 degrees 48 minutes West 106.6 feet; thence South 37 degrees 38 minutes West 97.7 feet; thence South 31 degrees 42 minutes West 80.6 feet; thence South 05 degrees 44 minutes West 136.4 feet; thence South 16 degrees 40 minutes West 83.9 feet; thence South 35 degrees 35 minutes West 138.8 feet; thence South 68 degrees 34 minutes West 74 feet; thence South 79 degrees 50 minutes West 72.1 feet; thence North 73 degrees 04 minutes West 66.3 feet; thence North 37 degrees 53 minutes West 65.2 feet; thence North 23 degrees 12 minutes West 133.9 feet; thence South 71 degrees 56 minutes West 138.1 feet; thence South 26 degrees 52 minutes West 33 feet; thence South 05 degrees 15 minutes East 72.9 feet; thence South 25 degrees 44 minutes East 160.4 feet; thence South 84 degrees 19 minutes West 133.7 feet; thence North 74 degrees 11 minutes West 187.3 feet; thence North 46 degrees 57 minutes West 219.7 feet; thence North 29 degrees 32 minutes West 232.8 feet; thence North 07 degrees 46 minutes West 146.4 feet; thence North 65 degrees 42 minutes West 68.9 feet; thence North 16 degrees 46 minutes West 183.7 feet; thence North 42 degrees 18 minutes West 62.9 feet; thence North 22 degrees 28 minutes West 131.2 feet; thence North 36 degrees 10 minutes West 40.8 feet; thence North 09 degrees 39 minutes East 8.9 feet to the North line of Said Land Lot 314, the same being the South line of said Land Lot 299; thence North

Page 3927

09 degrees 39 minutes East 74.1 feet; thence North 58 degrees 54 minutes West 56.1 feet; thence North 01 degree 32 minutes East 70.1 feet; thence North 37 degrees 07 minutes East 75.6 feet; thence North 46 degrees 37 minutes West 45.6 feet; thence North 87 degrees 17 minutes West 47 feet; thence North 11 degrees 09 minutes West 64.4 feet; thence North 68 degrees 04 minutes West 83.2 feet; thence North 23 degrees 20 minutes West 51.4 feet; thence North 17 degrees 59 minutes West 170 feet; thence North 23 degrees 45 minutes West 98.4 feet; thence North 38 degrees 05 minutes West 88.7 feet; thence North 24 degrees 14 minutes West 168.9 feet; thence North 38 degrees 14 minutes West 79.5 feet; thence North 40 degrees 14 minutes West 75.7 feet; thence South 86 degrees 20 minutes West 33.6 feet; thence South 09 degrees 15 minutes East 141.2 feet; thence South 15 degrees 45 minutes East 152.4 feet; thence South 05 degrees 20 minutes East 95.4 feet; thence South 19 degrees 40 minutes West 61.4 feet; thence South 48 degrees 32 minutes East 100.2 feet; thence South 13 degrees 18 minutes East 193.8 feet; thence South 23 degrees 48 minutes East 84.8 feet; thence South 31 degrees 28 minutes East 91 feet; thence South 06 degrees 28 minutes East 39.6 feet; thence South 08 degrees 45 minutes West 59.4 feet; thence South 33 degrees 10 minutes West 171.7 feet; thence South 40 degrees 06 minutes East 98 feet; thence South 79 degrees 38 minutes East 93.9 feet; thence South 18 degrees 51 minutes East 114.4 feet; thence South 14 degrees 04 minutes West 176.6 feet; thence South 48 degrees 31 minutes West 49.4 feet; thence South 43 degrees 17 minutes East 78.6 feet; thence South 49 degrees 55 minutes East 132.2 feet; thence South 22 degrees 39 minutes east 135.1 feet; thence South 17 degrees 07 minutes East 115.5 feet; thence South 67 degrees 16 minutes West 112.1 feet; thence South 61 degrees 02 minutes West 435.1 feet; thence South 77 degrees 07 minutes West 127 feet; thence South 84 degrees 33 minutes West 156.6 feet; thence South 63 degrees 36 minutes West 90.1 feet; thence South 05 degrees 42 minutes West 62.4 feet; thence North 86 degrees 45 minutes East 238.9 feet; thence South 89 degrees 39 minutes East 181.4 feet; thence North 58 degrees 15 minutes East 100.6 feet; thence North 79 degrees 30 minutes East 64.7 feet; thence South 30 degrees 14 minutes East 76.8 feet; thence North 81 degrees 14 minutes East 54.1 feet; thence North 39 degrees 15 minutes

Page 3928

East 84.1 feet; thence North 63 degrees 33 minutes East 148.6 feet; thence South 84 degrees 58 minutes East 126.4 feet; thence South 17 degrees 23 minutes East 87.4 feet; thence North 22 degrees 09 minutes East 62.2 feet; thence South 83 degrees 07 minutes East 91 feet; thence South 42 degrees 33 minutes East 178.7 feet; thence South 35 degrees 07 minutes East 121.3 feet; thence South 51 degrees 19 minutes East 196.1 feet; thence South 28 degrees 16 minutes East 84.1 feet; thence South 10 degrees 09 minutes East 100.5 feet; thence South 13 degrees 01 minute West 87.6 feet; thence South 32 degrees 03 minutes West 165.4 feet; thence North 83 degrees 06 minutes West 96.2 feet; thence South 20 degrees 24 minutes West 300 feet; thence South 45 degrees 42 minutes East 544.9 feet to a point which is identified as Reference Point `B' in the description of Parcel `A' of the property described in the deed from J.T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia, dated December 5, 1974, recorded in Deed Book 403, page 635 of the Deed Records of Walker County, Georgia; thence continuing South 45 degrees 42 minutes East 25.1 feet to the center line of Chattooga Creek; thence Southerly along and with the center line of Chattooga Creek 750 feet, more or less, to the Southwest corner of the property described as Parcel `A' in the aforesaid deed from J. T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia; thence continuing along the center line of said Creek a distance of 15 feet, more or less, to what would be the Southwesternmost corner of the property described as Parcel `B' of the property so conveyed by J. T. Rhyne and J. Morton Rhyne to City of LaFayette, Georgia, by the aforesaid deed; thence South 77 degrees 21 minutes East 25 feet, more or less, to the Easterly bank of Chattooga Creek; thence South 77 degrees 21 minutes East 257.5 feet; thence South 77 degrees 27 minutes East 101 feet; thence South 82 degrees 52 minutes East 100.2 feet; thence South 84 degrees 37 minutes East 122.7 feet; thence South 85 degrees 48 minutes East 300.8 feet; thence South 88 degrees 05 minutes East 100.3 feet; thence North 76 degrees 56 minutes East 302.7 feet; thence North 71 degrees 58 minutes East 115.2 feet; thence North 68 degrees 29 minutes East 398.8 feet; thence North 69 degrees 21 minutes East 290.4 feet; thence South 05 degrees 07 minutes East 451.3 feet to an iron pipe located on the Northerly line of Round Pond Road; thence North 56 degrees 13 minutes

Page 3929

East along the Northerly line of said Road 57 feet to an iron pipe which is located at the Southwest corner of the property of Mrs. Clark Sosebee, which is the beginning point. Also, a parcel of land located in Land Lot 277 in the 8th District and 4th Section of Walker County, Georgia, which said parcel adjoins the above described Lake property on the Westerly side thereof, which said parcel is more particularly described as follows: START at the point where the West line of the above described City Lake property intersects the Northerly line of Wheeler Road, also known as McCarter Road, and from said starting point running thence North 14 degrees 43 minutes West 14 feet; thence North 40 degrees 18 minutes West 81.6 feet; thence North 33 degrees 19 minutes West 68.8 feet; thence North 22 degrees 19 minutes West 100.1 feet; thence North 09 degrees 03 minutes West 70 feet; thence North 01 degree 51 minutes East 91.2 feet to the beginning point of the property herein described, and from said beginning point running thence North 32 degrees 42 minutes East 57.9 feet; thence North 43 degrees 54 minutes West 89.5 feet; thence North 35 degrees 08 minutes West 96.3 feet; thence North 64 degrees 45 minutes West 59.3 feet; thence North 18 degrees 30 minutes West 85.5 feet; thence South 77 degrees 50 minutes West along the South line of the property of Mrs. Bettye Armistead Jones a distance of 40 feet, more or less, to the original West line of said Land Lot 277; thence South along the West line of said Land Lot a distance of 281 feet, more or less, to the North line of property formerly owned by John L. Gray, now owned by Stephen T. Gilbreath; thence East along the North line of said Gilbreath property 210 feet, more or less, to the beginning point. Said latter tract is the same property conveyed by Frank Keown to City of LaFayette, Georgia, by warranty deed dated January 7, 1974, recorded in Deed Book 391, page 38 of the Deed Records of Walker County, Georgia. Also, that property in Land Lot 300 in the 8th District and 4th Section in Green Forest Subdivision and being all of Lots Numbers 11, 15, 16, 17, 18, 31, 32, 33, 39, 40 and 41 of said subdivision as shown on plat recorded in Plat Book 6, page 19 in the Office of the Clerk of the Superior Court of Walker County, Georgia (a portion of said Lots Numbers

Page 3930

15, 16, 17 and 18 are included within said Queen City Lake property described above). There is excepted from the above described property and not included within said City boundaries the following described tract located in Land Lot 48 in the 7th District and 4th Section of Walker County, Georgia, said tract being described as follows: BEGINNING at a point on the West line of said Land Lot 48, said beginning point being 667.5 feet South of the Northwest corner of said Land Lot and from said beginning point running thence North 88 degrees East 945 feet; thence South 7 degrees 45 minutes West 688 feet; thence South 88 degrees 30 minutes West 770 feet to a point on the West line of said Land Lot 48; thence North along the West line of said Land Lot a distance of 667.5 feet. There is hereby expressly EXCEPTED from the territory enclosed in the above boundary lines of the City of LaFayette that portion thereof which lies within the corporate limits of the Town of Linwood, said area lying within the corporate limits of the Town of Linwood being that property which is described as follows: All that tract or parcel of land situate, lying and being in Land Lot 28 and Land Lot 29 in the 7th District and 4th Section of Walker County, Georgia, and being more particularly described as follows: BEGINNING at the original Northwest corner of said Land Lot 28 and from said beginning point running thence East along the North line of said Land Lot to the point where the same is intersected by the East right-of-way line of the Central of Georgia Railroad; thence continuing East along said Land Lot line a distance of 20 feet; thence Southerly to a point on the South right-of-way line of Indiana Avenue, which point is South 82 degrees 22 minutes 44 seconds east a distance of 20 feet from the point where the South line of Indiana Avenue intersects the Easterly right-of-way line of said Railroad; thence South 15 degrees 23 minutes 6 seconds West 80 feet; thence South 26 degrees 32 minutes 8 seconds East 325 feet; thence South 27 degrees 54 minutes 58 seconds East 135 feet; thence South 12 degrees 43 minutes 58 seconds East 144 feet; thence South 9 degrees 37 minutes 43 seconds East 149 feet; thence South 6 degrees 32 minutes 19 seconds East 80 feet; thence South

Page 3931

3 degrees 26 minutes 40 seconds East 333.4 feet; thence South 12 degrees 30 minutes 44 seconds East 42 feet; thence South 40 degrees 27 minutes 34 seconds East 38 feet; thence South 27 degrees 43 minutes 4 seconds West 228.64 feet to the Northeast corner of property of Walker County Board of Education; thence along the East line of said Board of Education property south 17 degrees 59 minutes West 322 feet, and thence South 25 degrees 25 minutes East 392 feet, more or less, to the West line of First Street; thence Southerly along the Westerly line of First Street 692 feet, more or less, to the Northwest corner of the intersection of First Street and Culberson Avenue; thence North 84 degrees West along the North line of Culberson Avenue 315 feet; thence North 1 degree 58 minutes West 208 feet; thence North 85 degrees 15 minutes West 208 feet to the East right-of-way line of said Central of Georgia Railroad; thence North 2 degrees 40 minutes West along the East right-of-way line of said Railroad 458 feet; thence South 80 degrees 5 minutes West 293 feet, more or less, to a point on the East line of Probasco Street; thence South 2 degrees 55 minutes East along the East line of Probasco Street 62.9 feet to the point where the Easterly line of said Probasco Street intersects the Northeasterly right-of-way line of Cove Road; thence North 69 degrees 19 minutes West, first along the Northerly line of Cove Road and then along the Southerly line of the property shown on the Map of Linwood, Georgia, property of Fred B. Henry, et al., prepared by B. G. Justus dated July 16, 1949, recorded in Plat Book 2, page 231, Clerk's Office, Superior Court, Walker County, Georgia, a total distance of 848.6 feet; thence South 13 degrees 35 minutes West 153.7 feet to a point on the Northerly line of Cove Road; thence North 52 degrees 25 minutes West along the Northerly line of said road 83.7 feet; thence North 13 degrees 35 minutes East 140 feet; thence North 75 degrees West and continuing along the South line of the property shown as Block Q on said Map of Linwood a distance of 387.2 feet to a point on the West line of said Land Lot 28, which point is approximately 50 feet South of the South line of Jones Street, and which point also was the Southwest corner of the property owned by Union Cotton Mills at the time the Town of Linwood was first incorporated by the State of Georgia; thence North along the West line of said Land Lot 28 a distance of 300 feet; thence due West 990 feet, more or

Page 3932

less, to a point on the Northeasterly line of Cove Road, formerly known as the LaFayette and Dug Gap Public Road, said point being approximately 20 feet, measured along the Northeasterly line of Cove Road, Southerly from the point where the Northeasterly line of Cove Road intersects the Southeasterly line of King Street; thence Northwesterly along the Northeasterly line of Cove Road 60 feet, more or less to the Northeast corner of the intersection of Cove Road and King Street; thence continuing Northwesterly along the Northeasterly line of Cove Road 340 feet to the point where the West line of the property of Grover Cooper and Martha Cooper intersects said Cove Road, the same being the East line of the property of W. E. Middleton, said line also being what was formerly the West boundary line of the lands of Mrs. S. A. Warthen, said line also being an extension in a straight line South of the East line of the lots in E. P. Hall Subdivision (Plat Book 2, page 109, said Clerk's Office) which front on said Cove Road; thence North 1,150 feet, more or less, to the North line of said Land Lot 29; thence East along the North line of said Land Lot 29 to the beginning point. 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 1988 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. L. 1969, p. 2298), as amended, so as to change and define the corporate limits of the City of LaFayette; to provide an effective date; to repeal conflicting laws; and for other purposes. This 26th day of January, 1988. NORMAN S. FLETCHER ATTORNEY FOR CITY OF LAFAYETTE WCM(548) GEORGIA, FULTON COUNTY

Page 3933

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Waymond C. Huggins, who, on oath, deposes and says that he is Senator from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following date: January 29, 1988. /s/ Waymond C. Huggins Senator, 53rd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 10, 1988. CLAYTON COUNTYSTATE COURT; ADDITIONAL JUDGE. No. 914 (House Bill No. 1900). 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 11, 1979 (Ga. L. 1979, p. 3838), so as to add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and for the election of successors to such judge; to continue the existing terms of the present judges of said court; 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:

Page 3934

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 11, 1979 (Ga. L. 1979, p. 3838), is amended by striking Section 3A in its entirety and substituting in lieu thereof a new Section 3A to read as follows: Section 3A. Effective July 1, 1988, there shall be three judges of the State Court of Clayton County. The two judges in office on July 1, 1988, shall continue to serve the terms of office to which they were elected. The third judge added by this section shall be appointed by the Governor for an initial term of office ending December 31, 1990, and shall serve until a successor is elected and qualified. Successors to the two judges in office on July 1, 1988, and successors to the third judge added on that date shall be elected at the November general election in the year in which their respective terms of office expire, and they shall serve for terms of office of four years each and until their successors are elected and qualified. Section 2 . This Act shall become effective on July 1, 1988, except that the Governor is authorized to appoint the additional judge added by Section 1 of this Act prior to such date but any person so appointed shall not take office until such date. 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 1988 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 19th day of January, 1988. Clayton County Legislative Delegation January 19, 1988

Page 3935

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. BRUNSWICK PORT AUTHORITYTRANSFER OF PROPERTY TO GEORGIA PORTS AUTHORITY; REPEAL OF LAW. No. 923 (Senate Bill No. 504). AN ACT To authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945 (Ga. L. 1945, p. 1023), as amended, to assign, convey, grant, or otherwise transfer certain of its property, real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 of the O.C.G.A.; to authorize conveyance by the Georgia Ports Authority of a parcel of land to a trust established by the Brunswick Port Authority; to provide procedures therefor; to provide assumption

Page 3936

of debts; to repeal the Act creating the Brunswick Port Authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945 (Ga. L. 1945, p. 1023), as amended, is authorized and empowered, acting through its members, and in their discretion, to assign, convey, grant, or otherwise transfer all of its facilities, assets, and property, whether real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 of the O.C.G.A., and the Georgia Ports Authority is authorized and empowered to receive said conveyance and transfer. Section 2 . Said conveyance and transfer, if and when made, shall be made in consideration of a net payment by the Georgia Ports Authority of $4.5 million paid over a period of 20 years, to that certain trust created by the Brunswick Port Authority, dated June 30, 1987, terminating on June 30, 2008, held by The Coastal Bank of Georgia, Brunswick, Georgia, as trustee. Under said trust, the Brunswick and Glynn County Development Authority shall have the irrevocable right, beginning June 30, 1988, to direct the distribution of income and principal of the trust property, including final disposition on June 30, 2008. The purchase price above stated may be adjusted, if necessary, as provided by that certain agreement entitled Rental Agreement and Agreement of Agency, between the Brunswick Port Authority and the Georgia Ports Authority, dated June 30, 1987. Section 3 . Upon Georgia Ports Authority's acquisition of the Brunswick Port Authority facilities, assets, and property, all valid, legally enforceable liabilities outstanding against the Brunswick Authority shall be assumed by the Georgia Ports Authority as if originally incurred by Georgia Ports Authority; provided, however, nothing herein shall be construed as impairing the obligation of any contract outstanding against the Brunswick Port Authority. Section 4 . All Brunswick Port Authority property transferred to Georgia Ports Authority as herein authorized shall be transferred not later than June 30, 1988.

Page 3937

Section 5 . Nothing in this Act shall be construed to dispense with the requirement contained in Code Section 52-2-13 of the O.C.G.A. which requires State Properties Commission approval prior to the purchase of real property by the Georgia Ports Authority. Section 6 . Upon the conveyance or transfer of all Brunswick Port Authority facilities, assets, and property, as herein authorized and directed, and upon proper execution and completion of all authorizations and instruments necessary to complete the transactions by all parties involved, then the Act creating the Brunswick Port Authority, approved March 8, 1945 (Ga. L. 1945, p. 1023), as amended, shall be repealed in its entirety. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 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 1988 session of the General Assembly of Georgia, a bill to amend an Act creating the Brunswick Port Authority, approved March 8, 1945 (Ga. Laws 1945, p. 1023), as amended, to authorize the Brunswick Port Authority to convey property to the Georgia Ports Authority; to repeal the Act creating the Brunswick Port Authority; and for other purposes. Senator Glenn E. Bryant 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 Brunswick News which is the official organ of Glynn County, on the following date: January 20, 1988. /s/ Glenn E. Bryant Senator, 3rd District

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Sworn to and subscribed before me, this 22nd day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 15, 1988. GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITYADDITIONAL MEMBERS; TERMS. No. 925 (House Bill No. 1913). 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. L. 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 continued in effect pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia of 1983 by an Act approved March 18, 1985 (Ga. L. 1985, p. 3845), and having been previously amended particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4151); to change the membership of the authority; to provide for the appointment of additional members and their terms of office; to provide for quorums; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Pursuant to the authority granted in Paragraph N of that amendment to the Constitution of Georgia of 1945

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(Ga. L. 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 continued in effect pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia of 1983 by an Act approved March 18, 1985 (Ga. L. 1985, p. 3845), and having been previously amended particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4151), the management and conduct of the authority is further regulated by striking Paragraph B, which reads as follows: B. The Authority shall consist of nine members. The Chairman of the Board of Commissioners of the City of Griffin, the Chairman of the Board of Commissioners of Spalding County, Georgia, and the Executive Director of the Griffin-Spalding County Chamber of Commerce shall be members of the Authority, or if the Chairman of either or both Boards of Commissioners shall elect to do so, he may appoint another member of his Board of Commissioners to serve in his stead, such appointment to be during the tenure of and at the pleasure of the Chairman. In addition, the Board of Commissioners of the City of Griffin shall appoint three members for terms of three years each and the Board of Commissioners of Spalding County shall appoint three members for terms of three years each. As the terms of office of the existing four appointed Authority members expire, the Board of Commissioners of Spalding County, Georgia, shall appoint a member to fill the term expiring December 31, 1978, and the Board of Commissioners of the City of Griffin shall appoint a members to fill the terms expiring December 31, 1979, December 31, 1980, and December 31, 1981. In addition, the Board of Commissioners of Spalding County shall appoint the two new members to three-year terms except that such terms shall initially expire on December 31, 1979, and on December 31, 1980, respectively. Thereafter, appointed members shall each be appointed for three-year terms by the respective Board of Commissioners and vacancies for each unexpired term shall be refilled by the respective Board of Commissioners. Appointed members shall be eligible for reappointment. Five of the nine members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to Act.,

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and inserting in lieu thereof a new Paragraph B to read as follows: B. The authority shall consist of 12 members. The chairman of the Board of Commissioners of the City of Griffin, the chairman of the Board of Commissioners of Spalding County, and the executive director of the Griffin-Spalding County Chamber of Commerce shall be members of the authority or, if the chairman of either or both boards of commissioners shall elect to do so, the chairman may appoint another member of his board of commissioners to serve in his stead, such appointment to be during the tenure and at the pleasure of the chairman. In addition, the Board of Commissioners of the City of Griffin shall appoint four members for terms of three years each and the Board of Commissioners of Spalding County shall appoint four members for terms of three years each, except as provided in this Paragraph. The six appointed authority members in office on March 1, 1988, shall serve for the remainder of the terms to which they were appointed, with the term of one such member appointed by the Board of Commissioners of the City of Griffin expiring on December 31 of each year and the term of one such member appointed by the Board of Commissioners of Spalding County expiring on December 31 of each year. In addition to such six appointed members, the Board of Commissioners of the City of Griffin shall appoint one additional member, the Board of Commissioners of Spalding County shall appoint one additional member, and one additional member shall be appointed jointly by the Board of Commissioners of the City of Griffin and the Board of Commissioners of Spalding County. Such additional three members shall have initial terms of office beginning immediately upon their appointment and expiring December 31, 1990. Thereafter, appointed members shall each be appointed for three-year terms by the respective board of commissioners and vacancies for each unexpired term shall be filled by the respective board of commissioners. Appointed members shall be eligible for reappointment. Seven of the 12 members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a Bill to increase the number of members of the Griffin-Spalding County Industrial Development Authority, to repeal conflicting laws and for other purposes. This 24th day of February, 1988. Frank C. Schofield, City Manager City of Griffin GEORGIA SPALDING COUNTY Personally appeared before the undersigned officer duly authorized to administer oaths, PAUL BONNERUP, 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 concerning increase in the membership of the Griffin-Spalding Industrial Development Authority was published in said newpaper on Wednesday, February 24, 1988. This 24 day of February, 1988. /s/ Paul Bonnerup, Publisher Griffin Daily News Sworn to and subscribed before me this 24 day of February, 1988 /s/ Cheryl C. Hutchison Notary Public, Spalding County, Georgia Notary Public, Georgia State at Large My Commission Expires Mar. 20, 1989 (SEAL) Approved March 15, 1988.

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BRANTLEY COUNTY DEVELOPMENT AUTHORITYMEMBERSHIP; QUALIFICATIONS; VACANCIES. No. 926 (House Bill No. 1914). AN ACT To amend an Act creating the Brantley County Development Authority, approved April 10, 1968 (Ga. L. 1968, p. 3488), so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide procedures to declare a vacancy in the position of a member under certain circumstances; 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 Brantley County Development Authority, approved April 10, 1968 (Ga. L. 1968, p. 3488), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. There is created a body corporate and politic to be known as the `Brantley County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of eight members who shall be residents of Brantley County and not less than 21 years of age at the time of appointment. In making the nominations and appointments of members of the authority not more than one member should be selected from any one family, partnership, or other business organization. The members shall be selected in the following manner: Immediately after the approval of this Act the Board of Commissioners of Brantley County shall appoint eight members of the authority. For the first appointment the county commission shall appoint two persons for one year, two for two years, two for three years, and two

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for four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. If a member of the authority fails to attend three consecutive meetings of the authority, it shall be the duty of the remaining members of the authority to notify the Board of Commissioners of Brantley County of such fact. The Board of Commissioners of Brantley County shall inquire into the reasons for such absences, and if, in the sole discretion of the board of commissioners, the board determines that such member is unable to perform his or her duties or is unwilling to do so, the board of commissioners may declare that a vacancy exists on the authority. In the event any vacancy occurs the board of county commissioners shall fill, by appointment, such vacancy, for the unexpired term. A member shall be eligible for reappointment. The authority shall elect a chairman, a vice-chairman, and a secretary-treasurer or a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the authority. One county commissioner selected by the county commissioners shall be ex officio member of the authority. The members of this authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice of intention to introduce local legislation. Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating the Brantley County Development Authority, approved April 10, 1968 (Ga. L. 1968, p. 3488); and for other purposes. This 17th day of February, 1988. 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,

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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 date: February 18, 1988. /s/ Roger Byrd Representative, 153rd District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. CITY OF ZIONCORPORATE LIMITS. No. 927 (House Bill No. 1882). AN ACT To amend an Act providing a new charter for the City of Mt. Zion, approved March 24, 1978 (Ga. L. 1978, p. 4171), so as to provide for the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Mt. Zion, approved March 24, 1978 (Ga. L. 1978, p. 4171), is amended by adding between Section 2 and Section 3 thereof a new Section 2.1 to read as follows: Section 2.1. In addition to the property described in Section 2 of this charter, the corporate limits of the City of

Page 3945

Mt. Zion shall include the tracts of land more fully described as follows: TRACT 1 The property of N. A. Rigsby as described in that instrument recorded in Deed Book 100, Page 84, Carroll County records. TRACT 2 The property of Clyde H. Banister as described in that instrument recorded in Deed Book 352, Page 250, Carroll County records. TRACT 3 The property of Jeff Matthews as described in that instrument recorded in Deed Book 66, Page 389, Carroll County records. TRACT 4 The property of Columbus E. Mulkey as described in that instrument recorded in Deed Book 140, Page 471, Carroll County records. TRACT 5 The property of Glenn Windom as described in that instrument recorded in Deed Book 104, Page 313, Carroll County records. TRACT 6 The property of Billy Windom as described in that instrument recorded in Deed Book 127, Page 101, Carroll County records. TRACT 7 The property of T. P. Crumbley as described in that instrument recorded in Deed Book 83, Page 69, Carroll County records.

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TRACT 8 The property of Edna S. Holcomb as described in that instrument recorded in Deed Book 355, Page 159, Carroll County records. TRACT 9 The property of Mattie Moses and Myrtie Moses as described in that instrument recorded in Deed Book 73, Page 106, Carroll County records. TRACT 10 The property of Hugh B. Earnest as described in that instrument recorded in Deed Book 109, Page 116, Carroll County records. TRACT 11 The property of Earnestine Nixon as described in that instrument recorded in Deed Book 112, Page 600, Carroll County records. TRACT 12 The property of N. N. Nunnally as described in that instrument recorded in Deed Book 80, Page 537, Carroll County records. TRACT 13 The property of Donald Lee Nixon as described in that instrument recorded in Deed Book 452, Page 629, Carroll County records. TRACT 14 The property of E. G. Earnest as described in that instrument recorded in Deed Book 108, Page 39, and that instrument recorded in Deed Book 66, Page 553, Carroll County records.

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TRACT 15 The property of Clyde and Linda McWhorter as described in that instrument recorded in Deed Book 282, Page 144, Carroll County records. TRACT 16 The property of Jerrell Nixon as described in that instrument recorded in Deed Book 321, Page 576, Carroll County records. TRACT 17 The property of Walker Earnest as described in that instrument recorded in Deed Book 404, Page 521, and that instrument recorded in Deed Book 484, Page 586, Carroll County records. TRACT 18 The property of W. W. Robinson as described in that instrument recorded in Deed Book 556, Page 141, Carroll County records. TRACT 19 The property of Tracey Teal as described in that instrument recorded in Deed Book 572, Page 290, Carroll County records. TRACT 20 The property of Henry L. Akin as described in that instrument recorded in Deed Book 142, Page 140, Carroll County records. TRACT 21 The property of Richard C. Cammon as described in that instrument recorded in Deed Book 334, Page 148, Carroll County records.

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TRACT 22 The property of James Lowell Jackson as described in that instrument recorded in Deed Book 380, Page 171, Carroll County records. TRACT 23 The property of Howard Horton as described in that instrument recorded in Deed Book 123, Page 383, Carroll County records. TRACT 24 The property of Chalmers and Charlene Wallace as described in that instrument recorded in Deed Book 76, Page 514, Carroll County records. TRACT 25 The property of Betty Gray and Lanette Horton as described in that instrument recorded in Deed Book 73, Page 372, Carroll County records. TRACT 26 The property of Lawrence C. Sailors as described in that instrument recorded in Deed Book 473, Page 112, Carroll County records. TRACT 27 The property of M. A. Styles as described in that instrument recorded in Deed Book 92, Page 464, Carroll County records. TRACT 28 The property of Nadine Mincey as described in that instrument recorded in Deed Book 89, Page 429, Carroll County records.

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TRACT 29 The property of Terry Robinson as described in that instrument recorded in Deed Book 471, Page 741, Carroll County records. TRACT 30 The property of James C. Bohanon as described in that instrument recorded in Deed Book 392, Page 36, and that instrument recorded in Deed Book 247, Page 90, Carroll County records. TRACT 31 The property of Simon Windom as described in that instrument recorded in Deed Book 71, Page 304, Carroll County records. TRACT 32 The property of Denver Hudgins as described in that instrument recorded in Deed Book 182, Page 103, Carroll County records. TRACT 33 The property of Myrlean Styles as described in that instrument recorded in Deed Book 92, Page 464, Carroll County records. TRACT 34 The property of Lucille Stognier as described in that instrument recorded in Deed Book 476, Page 406, and that instrument recorded in Deed Book 472, Page 406, Carroll County records. TRACT 35 The property of Leland Styles as described in that instrument recorded in Deed Book 338, Page 29, Carroll County records.

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TRACT 36 The property of Horace S. Williams as described in that instrument recorded in Deed Book 362, Page 345, Carroll County records. TRACT 37 The property of Margaret Williams as described in that instrument recorded in Deed Book 362, Page 535, Carroll County records TRACT 38 The property of Frankie and Retha Robinson as described in that instrument recorded in Deed Book 338, Page 31, Carroll County records. TRACT 39 The property of Quentis S. Williams as described in that instrument recorded in Deed Book 513, Page 611, Carroll County records. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE TO APPLY FOR LOCAL LEGISLATION EXPANDING, ENLARGING AND INCREASING THE CITY LIMITS OF MOUNT ZION, GEORGIA, AND DEFINING THE MUNICIPAL LIMITS OF THE CITY OF MOUNT ZION, GEORGIA. Notice is hereby given of intention to apply to the 1988 General Assembly of Georgia for the passage of local legislation, expanding, increasing and enlarging the City Limits of the City of Mount Zion, Georgia and to define the City Limits of the City of Mount Zion, Georgia. /s/ Clyde McWhorter, Mayor of City of Mount Zion, Georgia 30150

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Thomas, who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County, on the following date: January 24, 1988. /s/ Charles Thomas Representative, 69th District Sworn to and subscribed before me, this 24th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. CITY OF RIVERDALEHOMESTEAD EXEMPTION; REFERENDUM. No. 928 (House Bill No. 1814). AN ACT To establish a homestead exemption from city ad valorem taxes for residents of the City of Riverdale, Georgia, who are 65 years of age or over and who own and occupy their residences if the gross income of said residents, together with the gross income of their spouses, does not exceed $4,000.00, exclusive of income or benefits received under the federal Social Security Act, for the immediately preceding taxable year; to provide authority for this Act; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The following legislation pertaining to homestead exemptions in the City of Riverdale, Georgia, is enacted pursuant to Article VII, Section II, Paragraph II of the Constitution, relating to exemptions from taxation of property. Section 2 . (a) Each resident of the City of Riverdale, Georgia, who is 65 years of age or over is granted an exemption from all City of Riverdale ad valorem taxes, if the gross income of said resident, together with the gross income of the spouse of said resident, does not exceed $4,000.00, exclusive of income or benefits received under the federal Social Security Act, for the immediately preceding taxable year for income tax purposes. (b) The homestead exemption provided in this Act shall apply to all taxable years beginning after December 31, 1988. Section 3 . The election superintendent of the City of Riverdale shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Riverdale for approval or rejection. The election superintendent shall set the election for Saturday, October 8, 1988. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Clayton County. The ballot shall have written or printed thereon the words: () YES () NO Shall an Act be approved so as to establish a homestead exemption from ad valorem taxes for residents of the City of Riverdale who are 65 years of age or older who own and occupy their residences if the gross income of said residents, together with the gross income of their spouses, exclusive of income or benefits received under the federal Social Security Act, does not exceed $4,000.00 per annum?

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All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by the City of Riverdale. The election superintendent of the City of Riverdale shall hold and conduct the election and shall certify the results 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 1988 session of the General Assembly of Georgia a bill to establish a homestead exemption from ad valorem taxation to resident homeowners in the City of Riverdale who are 65 years of age or over whose net income from all sources does not exceed a certain limitation together with the net income of his or her spouse who also occupies and resides at such homestead and for other purposes. This 19th day of January, 1988. Clayton County Legislative Delegation January 19, 1988 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District

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Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. MARION COUNTYMOTOR VEHICLE REGISTRATION PERIODS. No. 929 (House Bill No. 1809). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Marion County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Marion County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Page 3955

Notice is hereby given, pursuant to O.C.G.A. Section 28-1-4, that legislation will be introduced in the General Assembly of the State of Georgia at the 1988 session to allow the Tax Commissioner of Marion County, Georgia to give effect to O.C.G.A. Section 40-2-8, O.C.G.A. Section 40-2-20 and O.C.G.A. Section 40-2-20.1 so as to provide for new registration periods relating to the registration and licensing of motor vehicles within Marion County and for other purposes. This the 1st day of February, 1988. Waybe Jernigan County Attorny Marion County 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 Patriot-Citizen which is the official organ of Marion County, on the following date: February 4, 1988. /s/ Ward Edwards Representative, 112th District Sworn to and subscribed before me, this 17th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

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CANDLER COUNTYSTATE COURT; SECRETARY OF SOLICITOR; COMPENSATION. No. 930 (House Bill No. 1805). 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 March 28, 1985 (Ga. L. 1985, p. 4783), so as to change the compensation of the secretary of the solicitor of that court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4783), is amended by striking subsection (a) of Section 5 thereof, which reads as follows: (a) There shall be a solicitor of the State Court of Candler County who shall be elected or appointed at the same time, in the same manner, and for the same term of four years as the judge of said court. The solicitor shall be commissioned by the Governor and, before entering office, shall take the same oath which district attorneys of superior courts must take. An assistant district attorney of the Middle Judicial Circuit may serve as solicitor should the solicitor be unavoidably absent or should the solicitor be temporarily incapacitated, as the district attorney of the Middle Judicial Circuit may provide by agreement through the judge of the State Court of Candler County. The solicitor of the state court shall have been a resident of Candler County for one year next preceding the beginning of his term of office or his appointment and shall, as of such date, be at least 25 years of age and shall have been admitted to practice law for one year. The solicitor of the State Court of Candler County shall be a part-time solicitor and may engage in the private practice of law but may not practice in his own

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court or appear in any matter as to which the solicitor has exercised jurisdiction. The duties of the solicitor shall be to prosecute all offenses cognizable before the State Court of Candler County and shall represent the state in all cases appealed or removed to higher courts. The said solicitor shall receive a salary of not less than $10,000.00 per year nor more than $12,000.00 per year, 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. The solicitor shall be authorized to employ a secretary, part time, who shall possess such qualifications as the solicitor may determine and to serve at the pleasure of the solicitor; and the secretary's salary shall be not less than $2,400.00 per year nor more than $3,200.00 per year, the exact amount to be determined by the governing authority of Candler County and 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., and inserting in its place a new subsection to read as follows: (a) There shall be a solicitor of the State Court of Candler County who shall be elected or appointed at the same time, in the same manner, and for the same term of four years as the judge of said court. The solicitor shall be commissioned by the Governor and, before entering office, shall take the same oath which district attorneys of superior courts must take. An assistant district attorney of the Middle Judicial Circuit may serve as solicitor should the solicitor be unavoidably absent or should the solicitor be temporarily incapacitated, as the district attorney of the Middle Judicial Circuit may provide by agreement through the judge of the State Court of Candler County. The solicitor of the state court shall have been a resident of Candler County for one year next preceding the beginning of his term of office or his appointment and shall, as of such date, be at least 25 years of age and shall have been admitted to practice law for one year. The solicitor of the State Court of Candler County shall be a part-time solicitor and may engage in the private practice of law but may not practice in his own court or appear in any matter as to which the solicitor has exercised jurisdiction. The duties of the solicitor shall be to

Page 3958

prosecute all offenses congnizable before the State Court of Candler County and shall represent the state in all cases appealed or removed to higher courts. The said solicitor shall receive a salary of not less than $10,000.00 per year nor more than $12,000.00 per year, 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. The solicitor shall be authorized to employ a secretary, part time, who shall possess such qualifications as the solicitor may determine and to serve at the pleasure of the solicitor; and the secretary's salary shall be $3,600.00 per year and 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 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Publisher's Affidavit I, the publisher of the Metter News and Advertiser , official organ of Candler County, Georgia, say: Said newspaper is of general circulation in said County and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Candler County for publication of advertisements and by other officials and official bodies of and in said County for the publication or notices required by law; I have reviewed the regular editions of the Metter News and Advertiser , published on January 20, 1988; January 27, 1988; and found that the following advertisement, to-wit: Public Notice Notice of Local Legislation You are hereby notified that there will be introduced at the 1988 Session of the Georgia General Assembly legislation to

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amend that certain Act establishing the State Court of Candler County, Georgia. Board of Commissioners of Candler County, Georgia has appeared in each of said editions. Signed under the pains and penalties of perjury. /s/ Virginia B. Snell Publisher Signed, sealed, and delivered in the presence of: /s/ Veronica A. Pace Notary Public, Georgia State at Large My Commission Expires March 12, 1991. (SEAL) Approved March 15, 1988. COBB COUNTYSTATE COURT; SOLICITOR AND ASSISTANTS; COMPENSATION. No. 931 (House Bill No. 1771). 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 30, 1987 (Ga. L. 1987, p. 4826), so as to change the compensation of the solicitor; to change the provisions relating to the compensation of the chief assistant solicitor and the assistant solicitors; to provide an effectivate date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4826), is amended by striking in its entirety paragraph (1) of subsection (b) of Section 27 and inserting in its place a new paragraph (1) to read as follows: (1) The compensation of the solicitor shall be $54,400.00 per annum, payable in equal monthly installments from the funds of Cobb County. Section 2 . Said Act is further amended by striking in its entirety subsection (d) of Section 27 and inserting in its place a new subsection (d) to read as follows: (d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of the State Court of Cobb County, plus two additional assistant solicitors. The solicitor and his staff shall perform the same functions in relation to matters within the jurisdiction of the Magistrate Court of Cobb County as they perform in relation to matters within the jurisdiction of the judges of the State Court of Cobb County; and the solicitor shall have the authority to appoint the same number of additional assistant solicitors as the number of judges of the Magistrate Court of Cobb County to enable the solicitor and his staff to perform such functions. The compensation of such assistant solicitors shall be determined by the solicitor except that said compensation of such assistant solicitors shall be not less than $16,275.00 nor more than $36,750.00 per annum, payable in equal monthly installments from the funds of Cobb County. Provided, however, that the compensation of the chief assistant solicitor shall be not less than $16,275.00 nor more than 90 percent of the compensation of the solicitor and shall be paid in the same manner as all other assistant solicitors. The solicitor shall prescribe the duties and assignments of said assistant solicitors; and, while so employed, they shall not engage in private practice of 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 such approval.

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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 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964, (GA. L. 1964, proved April 11, 1979) (Ga. L. 1979, p. 4197), fixing the compensation of the Solicitor and the Assistant Solicitors of the State Court of Cobb County and for other purposes. This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he 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 date: January 8, 1988. /s/ Fred Aiken Representative, 21st District

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Sworn to and subscribed before me, this 16th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Approved March 15, 1988. GWINNETT COUNTYBOARD OF EDUCATION; COMPENSATION. No. 932 (House Bill No. 1762). 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 method of compensating the board; to change the amount of compensation; to provide for the keeping of certain records; to provide 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 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 $450.00 per month. In addition, each member of the board of education shall receive an expense allowance for documented

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actual and necessary expenses incurred in the performance of the member's duties within the county and reimbursement for documented actual and necessary expenses incurred in the performance of the member's duties outside the county in such amount as shall be authorized by a majority vote of the board of education. Records of such documentation shall be kept on file at the office of the board of education for such reasonable period of time as shall be established by the board of education. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 1988 session of the General Assembly of Georgia a bill to amend the 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; and for other purposes. This 8th day of February, 1988. /s/ Mike Barnett Honorable Mike Barnett Representative, 59th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 11, 1988. /s/ O. M. Barnett Representative, 59th District

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Sworn to and subscribed before me, this 16th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. LONG COUNTYBOARD OF EDUCATION; ELECTIONS; DISTRICTS. No. 933 (House Bill No. 1676). AN ACT To amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, so as to provide for the election of members from single-member education districts; to provide for districts; to provide for procedures, qualifications, and terms of office; to provide for continuation in office of the present 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 providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, is amended by striking Sections 1 and 2 and inserting in their place new Sections 1 and 2 to read as follows: Section 1. (a) The Board of Education of Long County shall be composed of five members who shall be elected from

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single-member education districts in the manner provided for in this Act. All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' (b) For the purpose of electing the members of the board of education, the Long County school district shall be divided into five education districts as follows: Education District 1 Education District 1 will be known as BEARDS CREEK DISTRICT and will be the northwestern section of Long County and bounded northwesterly by Beard's Creek which separates District 1 from Tattnall County; Northeasterly by the Fort Stewart Military Reservation and the Liberty County line. Said southern boundary line commencing at the centerline of U.S. Highway 301 wherein the same intersects the Tattnall County/Long County line along Beard's Creek and running THENCE, in a southeasterly direction along the centerline of U.S. Highway 301 to the intersection of County Road 111 known as the Donald Road; THENCE, easterly along the centerline of County Road 111 (Donald Road) to the intersection of County Road 53, known as the Macedonia Church Road; THENCE, easterly along County Road 53 (Macedonia Church Road) to the intersection of Georgia Highway 196; THENCE, easterly along the center line of Georgia Highway 196 to the Liberty County line. Education District 2 Education District 2 will be known as RYE PATCH/OAK DALE DISTRICT and will be bounded on the North by District 1 above, Northeasterly by the Liberty County line; Southeasterly by Districts 4, 5, and the corporate limits of the City of Ludowici; Southwesterly by the Altamaha River which separates Long County from Wayne County, Georgia; and Northwesterly by Beard's Creek which separates Long County from Tattnall County. Said Southeastern boundary of District 2 commencing at the intersection of U.S. Highway 301 and the Altamaha River on the center line of the J. Alvin

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Leaphart, Sr. Memorial Bridge and running; THENCE, in a Northeasterly direction along the center line of U.S. Highway 301 to the corporate limits of the City of Ludowici; THENCE, Northwesterly along the corporate limits of the City of Ludowici; THENCE, Northeasterly along the corporate limits of the City of Ludowici to the center line and intersection of U.S. Highway 301; THENCE, Northwesterly along the center line of U.S. Highway 301 to the intersection of County Road 97, known as Horton Road; THENCE, Northeasterly along the center of said county road and proceeding therefrom in a northeasterly direction to Doctors Creek wherein the same intersects County Road 46 known as Lanier Road; THENCE, South along County Road 46 to the intersection of County Road 113 (Elam Church Road); THENCE, Northeasterly along the center line of County Road 113 to County Road 31; THENCE, along the center line of County Road 31 in a horse shoe direction to County Road 113; THENCE, in a Northeasterly direction to County Road 29; THENCE, along the center line of County Road 29 to the Liberty County line. Education District 3 Education District 3 will be known as SOUTH LUDOWICI and will be bounded generally by U.S. Highway 301 on the North, U.S. Highway 82 on the North; Southeasterly and Southerly by District 5 and Southwesterly by the corporate limits of the City of Ludowici. Said Northwestern boundary being described as follows: Commencing at the intersection of U.S. Highway 301 with the Southwestern corporate limits of the City of Ludowici and running THENCE, in a Northeasterly direction from the corporate limits along the center line of U.S. Highway 301 to the intersection of Cottage Street; THENCE, Southeasterly along the center of Cottage Street to the intersection of Railroad Street; THENCE, Northeasterly along the center line of Railroad Street to the intersection of Main Street; THENCE, Southeast along the center line of Main Street to the intersection of McQueen Street; THENCE, Southwesterly along the center line of McQueen Street to the intersection of Factory Street; THENCE, Southeasterly along the center line of Factory

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Street to the intersection of Academy Street; THENCE, Northeasterly along the center line of Academy Street, across McDonald Street and continuing in a Northeasterly direction along the center line of Academy Street to the corporate limits of the City of Ludowici; THENCE, Northerly along the corporate limits of the City of Ludowici to wherein the same intersect U.S. Highway 82; THENCE, along the center line of U.S. Highway 82 in an easterly direction to the intersection of County Road 23, being the Northwesterly boundary of District 3; the southeasterly boundary line commencing at the intersection of the center line of U.S. Highway 82 and the center line of County Road 23 running THENCE, in a Southeasterly direction to the intersection of County Road 20; THENCE, Southwesterly along the center line of County Road 20 to the center line of County Road 22; THENCE, Southwesterly along County Road 22 to the intersection of County Road 21; THENCE, Easterly along the center line of County Road 21 to the intersection of County Road 20; THENCE Northwesterly along the center line of County Road 20, known as the Old Macon-Darien Public Road, to the corporate limits of the City of Ludowici; THENCE, Southwesterly along the corporate limits of the City of Ludowici, THENCE, Northwesterly along the corporate limits of the City of Ludowici to the point of beginning at the intersection of U.S. Highway 301. Education District 4 Education District 4 will be known as NORTH LUDOWICI and bounded Northeasterly by District 5, Southeasterly by District 3, Southwesterly by the corporate limits of the City of Ludowici and U.S. Highway 301; and Northwesterly by District 2. The Western and Northwesterly boundary line commencing at the intersection of the Southwestern corporate limits of the City of Ludowici and U.S. Highway 301; THENCE, in a Northwesterly direction along the corporate limits; THENCE, Northeasterly along the corporate limits to the center line of U.S. Highway 301; THENCE, Northwesterly along the center line of U.S. Highway 301 to County Road 97; THENCE, Northeasterly along the center line of County Road 97 known as Horton Road, to the intersection of

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Doctors Creek and County Road 46; THENCE, Southerly along the center line of County Road 46 to the intersection of County Road 113; THENCE, Northeasterly along the center line of County Road 113 to the intersection of County Road 41 (known as Barrett Cemetery Road); THENCE, Southeasterly along County Road 41 to the intersection of U.S. Highway 82; THENCE Southwesterly along the center line of U.S. Highway 82 to the Northeastern corporate limits of the City of Ludowici; THENCE, Southerly along the corporate limits of the City of Ludowici to Academy Street; THENCE, Southwesterly along the center line of Academy Street across McDonald Street continuing in a Southwesterly direction on Academy Street to the intersection of Factory Street; THENCE, Northeasterly along the center line of Factory Street to the intersection of McQueen Street; THENCE Northeasterly, along the center line of McQueen Street to the intersection of Main Street; THENCE, Northwesterly along the center line of Main Street to the intersection of Railroad Street; THENCE, Southwesterly along the center line of Railroad Street to the intersection of Cottage Street; THENCE, northwesterly along the center line of Cottage Street to the intersection of U.S. Highway 301; THENCE, Southwesterly along the center line of U.S. Highway 301 to the point of beginning at the Southwesterly corporate limits of the City of Ludowici. Education District 5 Education District 5 will be known as TIBET DISTRICT and will be bounded Northeasterly by the county line with Liberty County; Southeasterly by the county line with McIntosh County; Southwesterly by the Altamaha River which separates Long County from Wayne County, Georgia; and Northwesterly by U.S. Highway 301, the corporate limits of the City of Ludowici and Districts 2, 3 and 4 above. The Northwesterly boundary line commencing at the Western boundary of Long County along the center line of U.S. Highway 301 at the J. Alvin Leaphart, Sr. Memorial Bridge running THENCE, along the center line of U.S. Highway 301 to the corporate limits of the City of Ludowici; THENCE, Southeasterly along the corporate limits of the City of Ludowici; THENCE, Northeasterly along the corporate limits of

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the City of Ludowici to County Road 20 known as the Old Macon-Darien Public Road; THENCE Southeasterly along County Road 20 to the intersection of County Road 21; THENCE, Northerly along the center line of County Road 21 to the intersection of County Road 22; THENCE, Northeasterly along the center line of County Road 22 to the intersection of County Road 20; THENCE, Northerly along the center line of County Road 20 to the intersection of County Road 23; THENCE, along the center line of County Road 23 to the intersection of U.S. Highway 82; THENCE, along the center line of Highway 82 in a Northeasterly direction to the intersection of County Road 41 known as the Barrett Cemetery Road; THENCE, Northwesterly along County 41 to the intersection of County Road 113; THENCE, Northerly along County Road 113 to the intersection of County Road 31 then in a horse shoe direction on County Road 31 to the intersection of County Road 113; THENCE, to the intersection of County Road 29; THENCE, along the center line of County Road 29 in an Easterly direction to the Liberty County line. Section 2. (a) One board member shall be elected from and shall represent each district. All members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Long County for at least one year immediately preceding the date of their election and the education district in which they represent for at least one year immediately preceding the date of their election. Each member elected under this Act must remain a resident of the education district from which such member was elected during such member's term of office. Only resident electors of an education district may vote for candidates seeking office in that education district. Election shall be by majority vote. (b) The members of the board in office on January 1, 1988, shall continue to serve the remainder of the terms to which they were elected. The first election to be held pursuant to this Act for the election of the members of the board shall be the August, 1988, primary election and the November, 1988, general election. The members of the board shall be elected for terms of four years and until their successors are elected and qualified and shall take office on January

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1, 1989. The terms of office thereafter shall be for four years and until their successors are elected and qualified, with successors taking office on January 1 of each year following their election. 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 1988 session of the General Assembly of Georgia a bill to amend an Act to provide for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293); and for other purposes. This 26th day of January, 1988. /s/ Joseph M. Murray GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton Oliver, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following date: January 28, 1988. /s/ Clinton Oliver Representative, 121st District Sworn to and subscribed before me, this 3rd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

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RICHMOND COUNTYBOARD OF COMMISSIONERS AS AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL FOR BOTH COUNTY AND CITY; REFERENDUM. No. 934 (House Bill No. 1637). AN ACT To provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members; to designate the board as the Augusta-Richmond County Commission-Council and the members of the board as commissioners-councilpersons; to provide that the commission-council shall exercise the rights, powers, and duties as the governing authority of Richmond County with both county and municipal powers; to provide for the election of the chairman and the other members of the commission-council; to provide for commission-council districts; to provide for qualifications of commissioners-councilpersons; to define the term House District; to provide for the election of the chairman and the other members of the commission-council by a majority vote of the voters voting within each respective commission-council district; to provide for terms of office; to provide that the chairman shall be the chief executive officer of the Augusta-Richmond County Commission-Council; to provide for compensation for the chairman and the other members of the commission-council; to provide for the executive and administrative powers and duties of the chairman; to provide for filling vacancies in the office of commissioner-councilperson; to provide for filling a vacancy in the office of chairman; to provide for a quorum; to provide for the payment of bonded indebtedness of the City of Augusta and Richmond County; to create an Urban Services District and a Suburban Services District; to provide that such districts shall continue in existence until the commission-council modifies or abolishes such districts by ordinance; to provide for the continuation of existing ordinances and resolutions of the board of commissioners of Richmond County; to provide for the continuation of existing ordinances and resolutions of the city council of Augusta; to provide for a budget and tax levy by the board of commissioners of Richmond County and the city council of Augusta for calendar year 1990; to provide that tax assessments made by the board of tax assessors of Richmond County and the City of Augusta shall constitute the basis for the assessment and collection of

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taxes of the commission-council for calendar year 1990; to provide that the 1990 tax levy for the City of Augusta shall be levied by the commission-council only within the Urban Services District; to provide for amendments to the budget for calendar year 1990; to provide that any special services district existing in Richmond County or the City of Augusta in 1989 shall continue to exist until modified or abolished by the commission-council; to provide for the retention of pension rights; to provide that this Act shall not result with and shall not be implemented to result with the termination of any employees of Richmond County or the City of Augusta; to provide that the sheriff of Richmond County shall be the chief law enforcement officer in Richmond County; to provide for the utilization of facilities, equipment, vehicles, records, and personnel of the former Augusta Police and Richmond County Sheriff's Department; to provide that the chief of the Augusta Fire Department shall be the chief firefighter throughout Richmond County; to provide for the utilization of facilities, equipment, vehicles, records, and personnel of the Augusta Fire Department and the Richmond County Fire Department; to provide for equal opportunities for employment and promotion to all persons regardless of race, sex, religion, creed, color, or national origin; to create a transition task force; to provide for the duties and responsibilities of the transition task force; to provide for cooperation of all officers, officials, and employees of Richmond County and the City of Augusta with the transition task force; to provide for the examination of all records, files, and other data of Richmond County and the City of Augusta by the transaction task force; to provide that the transition task force shall be authorized to receive and expend apporpriations from the board of commissioners of Richmond County and from the mayor and city council of Augusta; to provide that members of the transition task force shall receive no compensation for their services as such members; to provide for construction of certain Acts; to provide for the creation of special services tax districts; to provide that ad valorem taxes and service charges and fees shall be collected according to the kind, character, type, and degree of district services provided by the commission-council within such special services tax districts; to provide for other matters relative to the foregoing; to provide for the approval of this Act by the board of commissioners of Richmond County prior to referendum; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The governing authority of Richmond County shall be a board of commissioners of said county consisting of ten members. Said board is designated as the Augusta-Richmond County Commission-Council hereinafter referred to as the commission-council, and the members of said board are designated and hereinafter referred to as commissioners-councilpersons. The commission-council shall exercise and be subject to all of the rights, powers, duties, and obligations imposed by this Act or heretofore applicable to the governing authorities of the City of Augusta and Richmond County and to any general laws, local laws, or constitutional provisions applicable or effective within the former City of Augusta and Richmond County. The commission-council shall constitute a county as well as a municipality for the purpose of the application of the general laws and Constitution of this state. The commission-council may exercise the powers vested in the governing authority of the municipality and municipalities generally as well as the powers vested in the former governing authority of the county and counties generally. The commission-council shall be elected as provided in Section 2 of this Act and shall become the governing authority of Richmond County on January 1, 1990. Section 2 . (a) For the purpose of electing members of the commission-council, Richmond County is divided into ten commission-council districts as follows: Commission-Council District 1 - All of Richmond County. Commission-Council District 2 - That portion of Richmond County lying within House Districts 85 and 88. Commission-Council District 3 - That portion of Richmond County lying within House Districts 86 and 89. Commission-Council District 4 - That portion of Richmond County lying within House Districts 87 and 90. Commission-Council District 5 - That portion of Richmond County lying within House District 85.

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Commission-Council District 6 - That portion of Richmond County lying within House District 86. Commission-Council District 7 - That portion of Richmond County lying within House District 87. Commission-Council District 8 - That portion of Richmond County lying within House District 88. Commission-Council District 9 - That portion of Richmond County lying within House District 89. Commission-Council District 10 - That portion of Richmond County lying within House District 90. (b) All members of the commission-council including the chairman shall be full voting members of the commission-council. (c) No person shall be eligible to serve as a commissioner-councilperson unless he or she: (1) has been a resident of the commission-council district from which elected for a period of one year immediately prior to the date of the election; (2) continues to reside within the commission-council district from which elected during his or her term of office; (3) is a registered and qualified elector of Richmond County; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. (d) Each commission-council member shall be paid an annual salary of $10,000. Future changes in the salary and expenses of the commission-council members shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. (e) As used in subsection (a) of this section, House District means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A., as such Code section existed on July 1, 1983. Section 3 . (a) It shall be the duty of the election superintendent of Richmond County to call and conduct a special election

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in Richmond County on Tuesday following the first Monday in November, 1989, for the purpose of electing the chairman and three other members of the Augusta-Richmond County Commission-Council created by this Act. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The special election shall be conducted in accordance with the provisions of Chapter 2 of Title 1 of the O.C.G.A., known as the Georgia Election Code. (1) The commissioner-councilperson elected to represent Commission-Council District 2 shall be elected at such special election and shall take office on the first day of January, 1990, for a term of office of one year and until a successor is elected and qualified. (2) The commissioner-councilpersons elected to represent Commission-Council Districts 3 and 4 shall be elected at such special election for terms of office of three years each and until their successors are elected and qualified. (b) (1) Those members of the board of commissioners of Richmond County representing Commissioner Districts 3, 5, and 6 on January 1, 1990, whose terms of office expire December 31, 1990, shall continue to serve for the remainder of their terms and shall be deemed to represent Commission-Council Districts 7, 9, and 10, respectively. (2) Those members of the board of commissioners of Richmond County representing Commissioner Districts 1, 2, and 4 on January 1, 1990, whose terms of office expire December 31, 1992, shall continue to serve for the remainder of their terms and shall be deemed to represent Commission-Council Districts 5, 6, and 8, respectively. (3) Successors to the members of the commission-council representing Commission-Council Districts 7, 9, and 10 shall be elected at the general election in November, 1990, and shall take office on the first day of January following their election for terms of four years each and until their successors are elected and qualified.

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(4) Successors to the members of the commission-council representing Commission-Council Districts 5, 6, and 8 shall be elected at the general election in November, 1992, and shall take office on the first day of January following their election for terms of four years each and until their successors are elected and qualified. (d) Thereafter, the chairman and other members of the commission-council shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (e) Each member of the commission-council and the chairman shall be elected by a majority of the voters voting within each respective commission-council district. All members of the commission-council and the chairman 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. Section 4 . The chairman shall be elected from Commission-Council District 1. The first chairman shall be elected at the special election conducted in November of 1989. The chairman shall be elected for an initial term of office of three years beginning on January 1, 1990, and until his or her successor is elected and qualified. Thereafter, successors to the chairman shall be elected at the general election immediately preceding the expiration of his or her term of office and he or she shall take office on the first day of January immediately following his or her election for a term of office of four years and until his or her successor is elected and qualified. Section 5 . The chairman who is elected at the special election in November of 1989, and successors in that office shall be the chief executive officer of Richmond County and the City of Augusta. The chairman shall possess and exercise the following executive and administrative powers and duties: (1) To preside at all meetings of the commission-council;

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(2) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes; (3) To administer oaths and to take affidavits; (4) To sign all written contracts entered into by the commission-council on behalf of Richmond County and the City of Augusta and all other contracts and instruments executed by the county and city which by law are required to be in writing; (5) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed; (6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council; and (7) The chairman shall be considered full time and he or she shall receive an annual salary of $45,000. Future changes in the salary and expenses of the chairman shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. Section 6 . (a) A vacancy which occurs in the membership of the commission-council by death, resignation, removal from the commission-council district, or for any other reason shall be filled by the remaining members of the commission-council appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 28 calendar months, in which event, the commission-council 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 in the commission-council district in which the vacancy occurred 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

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provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. (b) No person shall fill a vacancy for an unexpired term by appointment of the commission-council unless that person receives a majority of the votes of the full commission-council. (c) In the event the office of chairman becomes vacant for any reason, the election superintendent of Richmond County shall issue the call for a special election to fill the vacancy for the unexpired term. During the interim until a new chairman is elected, the commission-council by a majority vote of its full membership shall elect from among its members an acting chairman who shall be empowered to exercise all of the powers and duties of the chairman of the commission-council. Section 7 . Seven members of the commission-council shall constitute a quorum for the transaction of ordinary business, but the affirmative vote of at least six members shall be required for the commission-council to take official action. Official action of the commission-council shall be entered upon its minutes. Any member of the commission-council shall have the right to request a roll-call vote. Section 8 . (a) The bonded indebtedness of the City of Augusta which is outstanding on January 1, 1990, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1989. The ad valorem taxes imposed by the City of Augusta prior to January 1, 1990, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were heretofore imposed by the City of Augusta in accordance with the terms of the obligations of such bonded indebtedness. The commission-council, as the governing authority of the City of Augusta, shall be the successor to the heretofore existing governing authority of the City of Augusta for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) The bonded indebtedness of Richmond County outstanding on January 1, 1990, shall not be affected by this Act, and

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the commission-council, as the governing authority of Richmond County, shall become the successor to the heretofore existing governing authority of Richmond County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. Section 9 . (a) (1) There is created an Urban Services District which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1989. (2) Any public funds on deposit or invested in certificates of deposit in the name of the City of Augusta on December 31, 1989, shall accrue to the Urban Services District and shall be utilized exclusively for the benefit of citizens residing in the Urban Services District. (b) (1) There is created a Suburban Services District which shall correspond to and be conterminous with the unincorporated area of Richmond County as the unincorporated area of Richmond County existed on December 31, 1989. In addition, the Suburban Services District shall also include the territory embraced within the corporate limits of the City of Hephzibah and the corporate limits of the Town of Blythe, exclusive of any territory in Burke County lying and being in the Town of Blythe, as said corporate limits existed on December 31, 1989. (2) Any public funds on deposit or invested in certificates of deposit in the name of Richmond County on December 31, 1989, shall accrue to the Suburban Services District and shall be utilized exclusively for the benefit of citizens residing in the Suburban Services District and Urban Services District. (c) The Water and Sewage Sinking Fund, the Airport Sinking Fund, and the Airport Sinking Fund No. 2 shall accrue to the benefit of the citizens residing in the Urban Services District and the Suburban Services District. These sinking funds are to be retired as provided in the anticipated revenue certificates and are not considered bonded indebtedness of the City of Augusta.

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(d) The Urban Services District and the Suburban Services District created by this section shall continue in existence until the commission-council modifies or abolishes such districts by ordinance duly adopted by the commission-council. Section 10 . (a) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council and as rules and regulations of the appropriate department or agency thereof they are modified or repealed. (b) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1990, throughout the territorial limits of Richmond County shall continue to be effective throughout the territorial limits of Richmond County until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations. (c) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1990, only within the unincorporated area of Richmond County shall be effective only in the suburban services district described in subsection (b) of Section 9 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. (d) Existing ordinances and resolutions of the city council of Augusta which are not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council until they are modified or repealed. (e) Existing ordinances and resolutions of the city council of Augusta and existing rules and regulations of departments and agencies of the City of Augusta shall be applicable only

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within the urban services district described in subsection (a) of Section 9 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. Section 11 . (a) The budget and tax levy of the board of commissioners of Richmond County and the city council of Augusta, adopted for calendar year 1990, shall serve the budget and tax levy of the commission-council for calendar year 1990. (b) The tax assessments made by the board of tax assessors of Richmond County and the City of Augusta as of January 1, 1990, shall constitute the basis for the assessment and collection of taxes of the commission-council for calendar year 1990. (c) Amendments to the budget for calendar year 1990 provided by subsection (a) of this section may be made by resolution or ordinance duly adopted by the commission-council during calendar year 1990. (d) Any special services district existing in Richmond County or the City of Augusta in 1989 shall continue to exist until it is modified or abolished by the commission-council. (e) In assessing ad valorem taxes, the commission-council shall assess within the Urban Services District such additional millage as the governing body shall determine, and which shall be imposed on account of governmental services available therein that are not furnished in the Suburban Services District. As the commission-council shall from time to time expand these governmental services to areas within the Suburban Services District, such areas shall be included in the Urban Services District and taxed accordingly. (f) For purposes of this section, governmental services shall include fire protection of a higher class, garbage pickup, governmental water and sewer services, and such other services as may be provided only in the Urban Services District. (g) (1) The commission-council may further divide the Suburban Services District into special service districts wherever additional governmental service or services are furnished but not to the extent as in the Urban Services District.

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Property within said special service districts shall be assessed with such additional ad valorem taxes as the commission-council may determine on account of said services. (2) Property owners within the Urban Services District and Suburban Services District shall not be obligated to pay any user fees for services they do not receive. (h) It is the purpose of this section that property shall be subject to taxation in relation to services received. (i) Without limiting any of the foregoing provisions of this section, on the date that the commission-council implements the provisions of this Act, the residential, commercial, and industrial rates charged for water and sewerage services shall be the same within the Urban Services District as within the Suburban Services District. Section 12 . (a) All employees and former employees of Richmond County and the City of Augusta and of every agency, instrumentality, commission, or authority thereof shall retain those pension rights which had accrued to them prior to January 1, 1990, under any pension plan adopted by law or by ordinance or resolution by the board of commissioners of Richmond County or the mayor and city council of Augusta. The commission-council shall assume on January 1, 1990, all obligations arising under all such pension plans, but the assumption of such obligations by the commission-council shall not create any obligation on the part of the commission-council or create any right which did not exist prior to January 1, 1990. (b) This Act shall not result with and shall not be implemented to result with the termination of employment of any employees of Richmond County or the City of Augusta or of any agency, instrumentality, commission, or authority thereof, but this limitation shall not create or be construed to create any right to continued employment or create any employment contract which did not exist prior to January 1, 1990. Section 13 . (a) The sheriff of Richmond County shall perform his or her constitutional and statutory duties as the chief law enforcement officer throughout the entire limits of Richmond County.

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(b) The commission-council in cooperation with the sheriff shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Augusta Police Department and the Richmond County Sheriff's Department in such manner as it shall deem necessary to ensure adequate protection of the lives and property of all of the citizens of Richmond County. (c) The chief of the former Augusta Fire Department shall perform his or her official duties as the chief firefighter throughout the entire limits of Richmond County. (d) The commission-council in cooperation with the chief shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Augusta Fire Department and the Richmond County Fire Department in such manner as it shall deem necessary to ensure the most advantageous rating classification of the commercial, residential, and public property in Richmond County. Section 14 . The commission-council shall afford equal opportunities for employment and promotion to all persons regardless of race, sex, religion, creed, color, or national origin. No reorganization of the delivery of services shall be undertaken that results in reduced employment or employment opportunities for any minority group. Section 15 . (a) After their election but prior to their taking office on January 1, 1990, the first chairman and the commissioners-councilpersons elected under Sections 3 and 4 of this Act and the mayor of the City of Augusta and the chairman of the board of commissioners of Richmond County shall constitute a transition task force for the purpose of planning and preparing for the assumption of governmental powers by the commission-council on January 1, 1990. The mayor of the City of Augusta and the chairman of the board of commissioners of Richmond County shall serve as cochairpersons of the transition task force. The transition task force shall meet on the call of either of the cochairpersons for the purpose of planning for and scheduling the initial organization of the government in accordance with the applicable provisions of this Act. (b) The transition task force shall be authorized to make such recommendations as it deems appropriate for the assumption

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of governmental powers by the commission-council on January 1, 1990. The transition task force is specifically charged with the responsibility of developing proposed ordinances, including ordinances relating to the creation of special services tax districts, which should be considered for adoption by the commission-council at its first regular meeting held in January, 1990, or at a regular meeting of the commission-council held as soon thereafter as practicable. (c) All officers, officials, including elected officials, and employees of Richmond County and the City of Augusta shall cooperate with and assist the transition task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Richmond County and the City of Augusta and all officers, officials, and employees and departments thereof. Richmond County and the City of Augusta shall, to the extent possible, provide working areas and facilities for the transition task force. (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and city council of Augusta for the purpose of carrying out its duties, but members of the transition task force shall receive no compensation for their services as such members. Section 16 . Nothing contained in this Act shall be construed so as to amend, modify, or repeal an Act incorporating the Town of Blythe, Georgia, approved August 3, 1920 (Ga. L. 1920, p. 748), or an Act creating a new charter for the City of Hephzibah, approved April 13, 1982 (Ga. L. 1982, p. 4801). Section 17 . The commission-council shall create special services tax districts and shall assess, levy, and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the commission-council within such special services tax district. The provisions of this section shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the commission-council. District services shall mean and include all of those governmental services enumerated in Article IX, Section II, Paragraph III of the Constitution.

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Section 18 . The commission-council shall have the authority upon two-thirds of those elected to the commission-council including the chairman to change the provisions herein. Section 19 . This Act shall be approved by the board of commissioners of Richmond County at a regular or special meeting prior to the referendum provided for in Section 20 of this Act. Section 20 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Richmond County shall call and conduct an election for the purpose of submitting this Act to the electors of Richmond County for approval or rejection. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a board of commissioners designated as the Augusta-Richmond County Commission-Council consisting of a chairman and nine other commissioner-councilpersons to administer, govern, and operate a reorganized government in Richmond County with both county and municipal powers? 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 by the electors of Richmond County are for approval of the Act, it shall become of full force and effect as provided in Section 21 of this Act; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Richmond County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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Section 21 . This Act shall become effective only in the event an Act enacted by the General Assembly of Georgia at its regular session in 1988 amending the charter of the City of Augusta so as to provide for a reorganized government in Richmond County and providing for the repeal of said charter (HB 1220) is approved in a referendum by a majority of the voters voting within the City of Augusta. Section 22 . 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 n1988 Session of the General Assembly of Georgia a bill to amend the Charter and Laws pertaining to the City of Augusta so as to consolidate the governments of the City of Augusta so as to consolidate the governments of the City of Augusta, and Richmond County, Georgia, to provide for a county-wide government for the City of Augusta and Richmond County, to repeal conflicting laws, and for other purposes. This the 8th day of January, 1988. PAUL H. DUNBAR, III Attorney for 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 date: January 8, 1988. /s/ Jack Connell Representative, 87th District

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Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. CITY OF AUGUSTAREORGANIZED GOVERNMENT OF CITY AND RICHMOND COUNTY; REPEAL OF CITY CHARTER; REFERENDUM. No. 938 (House Bill No. 1220). AN ACT To amend an Act chartering the City of Augusta as the City Council of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta; to provide for other matters relating to the foregoing; to provide for a referendum; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act chartering the City of Augusta as the City Council of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, is amended by adding a new Section 1A immediately following Section 1 to read as follows: Section 1A. It is the intention of the General Assembly of Georgia to enact legislation which will provide for the reorganization of the governments of the City of Augusta and Richmond County and empower the reorganized government to exercise all of the rights, powers, duties, and obligations heretofore applicable to the governing authorities of

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the City of Augusta and Richmond County and to any general laws, local laws, or constitutional provisions applicable or effective within the City of Augusta and Richmond County. The reorganized government shall constitute a county as well as a municipality for the application of the general laws of this state. The reorganized government may exercise the powers vested in the governing authority of the City of Augusta and municipalities generally as well as the powers vested in the governing authority of Richmond County and counties generally. (b) To that end, an Act chartering the City of Augusta as the `City Council of Augusta,' approved January 31, 1798 (Marbury's Digest, p. 136), as amended, is repealed in its entirety so as to accomplish the governmental reorganization objectives set forth in subsection (a) of this section. Section 2 . This Act shall be approved by the mayor and city council of Augusta at a regular or special meeting prior to the referendum provided for in Section 3 of this Act. Section 3 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of the City of Augusta shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Augusta for approval or rejection. 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 the City of Augusta. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which amends the charter of the City of Augusta so as to provide for the reorganization of the governments of the City of Augusta and Richmond County and to that end repeals the charter of the City of Augusta to accomplish such governmental reorganization? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of

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the Act shall vote No. If more than one-half of the votes cast on such question by the electors of the City of Augusta are for approval of the Act, it shall become of full force and effect as provided in Section 4 of this Act; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Augusta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4 . This Act shall become effective only in the event an Act enacted by the General Assembly of Georgia at its regular session in 1988 providing for a reorganized government in Richmond County (HB 1637) is approved in a referendum by a majority of the voters voting throughout the territorial limits of Richmond 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 in the n1988 Session of the General Assembly of Georgia a bill to amend the Charter and Laws pertaining to the City of Augusta so as to consolidate the governments of the City of Augusta so as to consolidate the governments of the City of Augusta, and Richmond County, Georgia, to provide for a county-wide government for the City of Augusta and Richmond County, to repeal conflicting laws, and for other purposes. This the 8th day of January, 1988. PAUL H. DUNBAR, III Attorney for City Council of Augusta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald E. Cheeks, who, on oath, deposes and says that he is Representative from the

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89th 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 date: January 8, 1988. /s/ Donald E. Cheeks Representative, 89th District Sworn to and subscribed before me, this 10th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. ROCKDALE COUNTYMOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 939 (House Bill No. 1807). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Rockdale County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Rockdale County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

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Section 2 . The election superintendent of Rockdale County shall, unless prohibited by the federal Voting Rights Act of 1965, as amended, on the date of the November general election held in 1988 conduct an election for the purpose of submitting this Act to the electors of Rockdale County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Rockdale County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Rockdale County on a staggered basis during designated registration periods between January 1 and April 30 each year as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved? All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Rockdale County. The election superintendent of Rockdale County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Public Notices LEGAL Notice of intent to introduce local legislation pursuant to O.C.G.A. 40-2-20.1.

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Rep. Dean Alford 57th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Dean Alford, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following date: February 11, 1988. /s/ C. Dean Alford Representative, 57th District Sworn to and subscribed before me, this 19th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. CLAYTON COUNTYBOARD OF COMMISSIONERS; CHAIRMAN AND MEMBERS; COMPENSATION. No. 940 (House Bill No. 1888). 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 March 31, 1987 (Ga. L. 1987, p. 5252), so as to change the compensation of the chairman and other members of the board; to provide

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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 March 31, 1987 (Ga. L. 1987, p. 5252), is amended by striking from Section 7 the following: $53,875.00 and $9,300.00, respectively, and substituting in lieu thereof the following: $56,575.00 and $9,775.00, 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 $56,575.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The chairman of the board shall also receive an annual expense allowance of $3,000.00 per annum payable out of the funds of the county and shall be entitled to a county automobile while engaged in county business. The other four members of the board shall be compensated in the amount of $9,775.00 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. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by

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the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 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 19th day of January, 1988. Clayton County Legislative Delegation January 19, 1988 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

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CITY OF PORT WENTWORTHMAYOR AND COUNCILMEN; ELECTION; TERMS. No. 941 (House Bill No. 1736). AN ACT To amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to change the provisions relative to the election of the mayor and councilmen; to change the provisions relative to the terms of office of the mayor and councilmen; to repeal specific provisions of certain obsolete laws; 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 incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is amended by striking Section 4 in its entirety and substituting in lieu thereof the following sections: Section 4. (a) Elections for the mayor and six councilmen of the City of Port Wentworth shall be nonpartisan and by a plurality of the votes cast. No political party shall conduct any primary election within the City of Port Wentworth for the nomination of candidates for mayor or councilmen. In any municipal election, the candidate for mayor receiving the highest number of votes cast for that office shall be declared the winner. Candidates for mayor shall run for the office of mayor. The candidates for councilmen receiving the highest number of votes cast for that office as provided in Section 4A of this Act shall be declared the winners. Candidates for councilmen shall run for that office. (b) All candidates for mayor and councilmen shall be qualified electors of the City of Port Wentworth and shall have resided within said city for at least six months immediately preceding their election. Persons holding office as mayor and councilmen shall remain residents of the city during

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their terms of office. All elections for mayor and councilmen shall be at-large elections. (c) Except that municipal elections shall be nonpartisan and by plurality of the votes cast as provided in this section, the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code,' shall apply to municipal elections of the City of Port Wentworth. Section 4A. (a) There shall be an election for the mayor and six councilmen of the City of Port Wentworth on the second Tuesday in December, 1988. At that election, the candidate for mayor receiving the highest number of votes cast for mayor and the three candidates for councilmen receiving the highest number of votes cast for that office shall be elected for terms of office beginning on January 1, 1989, and ending on December 31, 1993; and the three candidates for councilmen receiving the next highest number of votes cast shall be elected for terms of office beginning on January 1, 1989, and ending on December 31, 1991. The mayor and six councilmen elected under this subsection shall be the successors to the mayor and six councilmen of the City of Port Wentworth whose regular terms of office expire on December 31, 1988. (b) Beginning in 1991, the regular municipal election of the City of Port Wentworth shall be held on the Tuesday next following the first Monday in November of each oddnumbered year. (c) At the regular municipal election of 1991, three councilmen shall be elected to succeed the three councilmen whose terms of office expire on December 31, 1991, as provided in subsection (a) of this section. Said councilmen shall take office on January 1, 1992, for terms of four years. (d) At the regular municipal election of 1993, the mayor and three councilmen shall be elected to succeed the mayor and three councilmen whose terms of office expire on December 31, 1993, as provided in subsection (a) of this section. Said mayor and councilmen shall take office on January 1, 1994, for terms of four years. (e) Successors to the mayor and councilmen elected under subsections (c) and (d) of this section and future successors

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shall be elected at the regular municipal election which is held 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. The mayor and all councilmen shall serve until their successors are elected and qualified. Section 2 . Said Act is further amended by repealing Section 47 in its entirety. Section 3 . Said Act is further amended by repealing in their entirety Sections 7 through 13 of the 1958 Act amending the Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), which amendatory Act was approved March 25, 1958 (Ga. L. 1958, p. 3094). Section 4 . Said Act is further amended by repealing in its entirety Section 1 of the 1961 Act amending the Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), which amendatory Act was approved on April 5, 1961 (Ga. L. 1961, p. 3066). Section 5 . For the purpose of electing the mayor and six councilmen of the City of Port Wentworth on the second Tuesday in December, 1988, as provided in this Act, this Act shall be effective upon its approval by the Governor or upon its otherwise becoming law, and this Act shall be effective for all purposes on January 1, 1989. Section 6 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county;

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That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Feb. 3, 1988, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended; and for other purposes. This 1st day of February, 1988. Rep. Tom Triplett appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me, this 9 day of Feb., 1988. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 15, 1988.

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BANKS COUNTYBOARD OF COMMISSIONERS; TERMS; ELECTIONS. No. 942 (House Bill No. 1719). AN ACT To amend an Act creating a board of commissioners of Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, so as to change certain provisions relating to the election of the chairman and other members of the board and provide for staggered terms of office; to provide for the continuation in office of the current chairman and members of the board; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners of Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) The chairman and other members of said board may reside anywhere within Banks County and shall be nominated and elected by the qualified voters of the entire county. For the purpose of electing the chairman and other members of said board, there shall be three commissioner posts to be designated Commissioner Post 1, Commissioner Post 2, and Commissioner Post 3. The chairman shall be elected from Commissioner Post 1 and all candidates for chairman shall offer for Commissioner Post 1. Candidates for Commissioner Posts 2 and 3 shall designate the post for which they are offering. The chairman and each member of the board of commissioners who are in office on the effective date of this Act shall serve until the expiration of the terms of office to which they were elected, which terms expire on December 31, 1988, and until their successors are elected and qualified. (b) At the general election in 1988 the chairman shall be elected and shall serve for an initial term of office of

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four years and until his successor is elected and qualified and shall take office on the first day of January following his election. Thereafter, his successor shall be elected at the general election immediately preceding the expiration of his term of office and shall serve for a term of four years and until his successor is elected and qualified and shall take office on the first day of January following his election. (c) At the general election in 1988, the other members of the board representing Commissioner Posts 2 and 3 shall be elected and shall serve for an initial term of office of two years and until their successors are elected and qualified and shall take office on the first day of January following their election. Thereafter, the successors to such members shall be elected at the general election immediately preceding the expiration of their terms of office and shall serve for terms of four years and until their successors are elected and qualified. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1988 Session of the General Assembly of Georgia, a bill to provide for staggered four year terms of office for the Board of Commissioners of Banks County, a salary change and to provide for a referendum. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who, on oath, deposes and says that she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County News which is the official organ of Banks County, on the following date: February 3, 1988. /s/ Jeanette Jamieson Representative, 11th District

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Sworn to and subscribed before me, this 11th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 15, 1988. CLAYTON COUNTYBOARD OF EDUCATION; NUMBER OF MEMBERS; REFERENDUM. No. 943 (House Bill No. 1887). AN ACT To amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, so as to provide that the board of education shall consist of no more than 11 members; to remove the language which requires the board of education of Clayton County to be increased to 12 members upon the opening of a high school in Education District No. 5, GMD 1651 (Lovejoy) and GMD 538 (Panhandle); to provide for related matters; 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 changing the composition of and manner of selection of the members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

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(b) For purposes of electing members of the board, Clayton County is divided into six education districts. Each such district shall consist of the territory and be entitled to the number of members provided in this subsection: Education District No. 1: GMD 1644 (Forest Park); two members. Education District No. 2: GMD 1446 (Oak) and GMD 1890 (Mountain View); two members. Education District No. 3: GMD 1088 (Jonesboro); two members. Education District No. 4: GMD 548 (Riverdale); two members. Education District No. 5: GMD 1651 (Lovejoy) and GMD 538 (Panhandle); one member. Education District No. 6: GMD 1406 (Ellenwood) and GMD 1189 (Adamson); two members. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clayton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Clayton County for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Clayton County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which provides that the board of education of Clayton County shall consist of no more than 11 members and removes the language which requires the board of education of Clayton County to be increased to 12 members upon the opening of a high school in Education District No. 5, GMD 1651 (Lovejoy) and GMD 538 (Panhandle)? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Clayton County. It shall be the superintendent's 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. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Acting changing the composition and manner of selecting members of the board of education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431); and for other purposes. This 19th day of January, 1988. Clayton County Legislative Delegation January 19, 1988

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. COBB COUNTYCIVIL SERVICE; CLASSIFIED AND UNCLASSIFIED SERVICE. No. 944 (House Bill No. 1705). AN ACT To amend an Act known as the Cobb County Civil Service System Act, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, so as to provide for a classified and an unclassified service; to provide for adoption of a classification plan; to provide that certain upper managerial and upper supervisory positions shall be in the unclassified service; to provide for exceptions and limitations; to provide for certain benefits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act known as the Cobb County Civil Service System Act, approved March 10, 1964 (Ga. L. 1964, p. 2502), as amended, is amended by adding a new Section 2.1 following Section 2 to read as follows: Section 2.1. (a) As used in this Act, the term `classified service' means all appointed offices and positions of employment authorized or mandated to be included under the jurisdiction of the Cobb County Civil Service System, except those placed in the unclassified service by this Act. (b) The classified service, as defined in subsection (a) of this section, shall not include the following members of the unclassified service: personnel employed by the tax commissioner, sheriff, clerk of the superior court, or judge of the probate court, who are employed or to be employed in an upper managerial or upper supervisory capacity and who consent in writing to accept such upper managerial or upper supervisory positions knowing that such employment is an `unclassified service' as defined under this Act. The number of unclassified service personnel in an upper managerial or upper supervisory capacity under this subsection shall not exceed 20 percent of the total number of full-time employees in the particular office in which such employee is employed or to be employed. (c) Nothing in this section shall be interpreted to change the employment status of any employee who, on the effective date of this Act, is employed by the tax commissioner, sheriff, clerk of the superior court, or judge of the probate court. (d) Nothing in this section shall be interpreted to require or limit all upper managerial or upper supervisory positions to be only unclassified positions. (e) Except for employment and discharge, such employees in the unclassified service shall have all benefits afforded to employees in the classified service. (f) The Cobb County Civil Service Board shall submit a classification plan specifying the duties, authorities, and responsibilities of positions in the classified service to the board of commissioners for Cobb County for approval. Upon

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approval of the classification plan, the board shall allocate each position in the classified service to the appropriate class therein on the basis of its duties and responsibilities. Thereafter, as new positions are created or existing classes are divided, combined, altered, or abolished, the board shall make such allocations of positions as are necessitated. 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 1988 session of the General Assembly of Georgia a bill to amend an Act relating to the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, approved March 10, 1984 (Ga. L. 1984, p. 2802), as amended; and for other purposes. This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William A. Atkins, who,

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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 date: January 8, 1988. /s/ William A. Atkins Representative, 21-3 District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. HOUSTON COUNTYSCHOOL DISTRICT; SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 945 (House Bill No. 1711). AN ACT To provide that future school superintendents of the Houston County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The school superintendent of the Houston County School District in office on the effective date of this section shall serve out the term of office for which he was elected. Thereafter,

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future school superintendents of the Houston County School District shall be appointed by the board of education of Houston County rather than elected; and no election for school superintendent of the Houston County School District shall be held. In the event of a vacancy in the office of school superintendent on or after the effective date of this section, the vacancy shall be filled by appointment as provided in this Act. Section 2 . The board of education may appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. Section 3 . Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Houston County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Houston County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1988, general primary and shall issue the call therefor not less than 30 days prior to that date. 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 Houston County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that future school superintendents of the Houston County School District shall be appointed by the board of education? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of

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the Act shall vote No. If more than one-half of the votes cast on such question are for approval, then Sections 1 through 3 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of September immediately following that election date. The expense of such election shall be borne by Houston County. It shall be the superintendent's 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide that the county school superintendent of Houston County shall be appointed by vote of the board of education, to serve at the pleasure of the board; to provide for matters relative to the foregoing; to provide for a referendum; and for other purposes. This 12th day of January, 1988. Honorable Roy H. Watson, Jr. Representative, 114th District Honorable Ted Waddell Representative, 113th District Honorable Larry Walker Representative, 115th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy H. Watson, Jr., who,

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on oath, deposes and says that he is Representative from the 114th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: January 27, 1988. /s/ Roy H. Watson Jr. Representative, 114th District Sworn to and subscribed before me, this 10th day of February, 1988. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission Expires Dec. 19, 1988 (SEAL) Approved March 15, 1988. DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITYMEMBERS; ALLOWANCES AND EXPENSES; RESIDENCY. No. 946 (House Bill No. 1703). AN ACT To amend an Act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to change certain provisions relating to expense allowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans; to provide for applicability of certain ethics laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, is amended by striking subsections (c) and (d) of Section 3 and inserting in their place new subsections (c) and (d) to read as follows: (c) Immediately after the passage of this Act and the appointment of the members by the governing bodies of the City of Douglasville and Douglas County, the members of the authority shall enter upon their duties, and as soon as is practicable thereafter, they shall hold an organizational meeting. The members of the authority shall elect one of their number as chairman and another as vice chairman. Neither the mayor of the City of Douglasville nor the chairman of the Douglas County Board of Commissioners shall serve as chairman or vice chairman of the authority. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. An assistant secretary may also be elected at the discretion of the authority. Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly for each meeting of the authority actually attended as compensation for their services and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence. (d) On and after the effective date of this subsection, it shall be required at all times that the permanent residence of each member of the authority board of directors be within the school district from which he or she shall have been appointed during his or her entire term on the board of directors. However, in instances where said permanent residence has been damaged or destroyed and is unfit for occupancy, the member may, for a period not to exceed 120 days, temporarily reside outside the district but within Douglas County while repairs are being effected or another residence within

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the district is selected. No member of the authority board of directors appointed to fill full or partial terms following the effective date of this subsection shall serve more than two consecutive terms, except the individual elected as mayor for the City of Douglasville and the individual elected as chairman of the Douglas County Board of Commissioners. Section 2 . Said Act is further amended by adding a new subsection at the end of Section 3, to be designated subsection (e), to read as follows: (e) The members of the authority shall not be eligible to participate in any employee benefit plan including, but not limited to, any insurance or retirement plan, which is sponsored in whole or in part by any county, city, or authority and which provides benefits to such members based upon their membership on the board of directors. Section 3 . Said Act is further amended by adding a new section immediately following Section 3, to be designated Section 3A, to read as follows: Section 3A. Applicability of ethics laws. The members of the authority shall be subject to and shall comply with all applicable provisions of Chapter 5 of Title 21 of the O.C.G.A., the `Ethics in Government Act.' 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 1988 session of the General Assembly of Georgia a bill to amend an act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (G.A.L. 1985, p. 3584) as amended; and for other purposes. This 11th day of January 1988 Signed: Thomas M. Kilgore Representative 42nd District

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore, who, on oath, deposes and says that he 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 date: January 14, 1988. /s/ Thomas M. Kilgore Representative, 42nd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. JEFFERSON COUNTYBOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 947 (House Bill No. 1664). AN ACT To amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, so as to provide for an expense allowance for the chairman and other members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, is amended by adding a new section immediately following Section 1, to be designated Section 1A, to read as follows: Section 1A. (a) The chairman of the board of commissioners shall receive an expense allowance of $150.00 per month payable out of the funds of Jefferson County. (b) The other members of the board of commissioners shall receive an expense allowance of $150.00 per month payable out of the funds of Jefferson 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 such approval. Section 3 . 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 in the 1988 session of the Georgia General Assembly Legislation to alter the method of compensation for the members of the Jefferson County Board of commissioners, which will result in no increase in compensation, and for other purposes. /s/ Emory E. Bargeron Representative House Dist. 108 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 date: February 4, 1988. /s/ E. E. Bargeron Representative, 108th District

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Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. WILKES COUNTYCORONER; COMPENSATION. No. 948 (House Bill No. 1697). AN ACT To amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. L. 1978, p. 3121), as amended, so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. L. 1978, p. 3121), as amended, is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The coroner of Wilkes County is placed on an annual salary of $1,800.00 in lieu of all fees, costs, and emoluments of whatever kind and nature formerly allowed such officer. Such salary shall be paid in equal monthly installments out of the funds of Wilkes County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by

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the Governor or in which it becomes law without such 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 1988 session of the General Assembly of Georgia a bill to amend an ACT providing an annual salary for the Wilkes County Coroner, approved March 13, 1978 (GA. L. 1978, P. 3121); and for other purposes. This 4th day of February, 1988. Wilkes County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Reporter which is the official organ of Wilkes County, on the following date: February 4, 1988. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 10th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

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CITY OF MARIETTACEMETERY TAX; CONDEMNATION No. 949 (House Bill No. 1658). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to provide that the city shall levy and collect an additional tax of not more than one mill on all real and personal property within the corporate limits of the city; to provide that the proceeds of such tax shall be used solely for the purpose of repairing and maintaining any city owned cemetery; to provide for condemnation proceedings and procedures with respect to cemeteries; to provide for all matters relating thereto; to provide for legislative intent and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding 12 new sections immediately following Section 7.10, to be designated Sections 7.10A through 7.10L, respectively, to read as follows: Section 7.10A. In addition to all other ad valorem taxes on real and personal property within the corporate limits of the city, the city shall levy and collect an additional tax of not more than 1 mill on all real and personal property within the corporate limits of the city. The proceeds of such tax shall be used solely for the purpose of repairing and maintaining any city owned cemetery. 7.10B. Whenever the governing authority of the city desires to take or damage private property in any cemetery and finds or believes that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein

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or that there are minors or persons under disability who are or may be interested therein or that there are taxes due or that should be paid thereon or concludes for any reason that it is desirable to have a judicial ascertainment of any question connected with the matter, such governing authority may, through any authorized representative, petition the Superior Court of Cobb County for a judgment in rem against the property or interest, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. 7.10C. (a) The petition referred to in Section 7.10B shall set forth: (1) The facts showing the right to condemn; (2) The property or interest to be taken or damaged; (3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known; (4) A description of any unknown persons or classes of unknown persons whose rights in the property or interest are to be affected; (5) Such other facts as are necessary for a full understanding of the cause; and (6) A prayer for such judgment of condemnation as may be proper and desired. (b) If any of the persons referred to in this section are minors or under disability, the fact shall be stated. 7.10D. (a) Upon presentation of the petition, the presiding judge may issue an order requiring the condemnor, the owner of the property or any of the interest therein, and the representative of any owner to appear at a time and place named in the order and make known their objections, rights, or claims as to the value of the property or of their interest therein, and any other matters material to their respective rights.

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(b) The day named in the order shall be as early as may be convenient, due regard being given to the necessities of notice. (c) The order shall give appropriate directions for notice and the service thereof. (d) It shall not be necessary to attach any other process to the petition except the order referred to in subsection (a) of this section, and the cause shall proceed as in rem. 7.10E. All persons entitled to notice under the facts stated in the petition who are sui juris and within this state and whose residence is known shall be served by the sheriff with a copy of the petition and order as in other causes at law, unless such service is waived in writing. All other service shall be made in the method pointed out by Part 2 of Article 1 of Chapter 2 of Title 22 of the O.C.G.A., and all persons so served shall be deemed parties to the cause. 7.10F. In any cases where it seems to the presiding judge to be in the interest of justice and of more effective notice to cause additional notice or service to be given, it shall be within his discretion so to order. In such cases, the additional notice and service shall be made as ordered before the cause proceeds to final hearing. In cases where any taxes are alleged or supposed to be due or unpaid, the order shall direct that a separate notice to that effect be given the city tax collector or tax commissioner. 7.10G. On the day named in the order made pursuant to Section 7.10D, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of assessors as shall conform most nearly to Article 1 of Chapter 2 of Title 22 of the O.C.G.A. and give all interested persons equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge shall himself make such order on the subject as shall secure a fair and impartial assessment or may in his discretion order the issues tried in the first instance by a

Page 4020

jury. In any event, it shall be within the power of the court to hear the cause as speedily as may be consistent with justice and due process of law. 7.10H. In case assessors are appointed, the same right of appeal shall lie from their award to a jury in the superior court, as is provided in Part 5 of Article 1 of Chapter 2 of Title 22 of the O.C.G.A. and upon like terms and conditions in all respects as are therein provided. 7.10I. The award or verdict, as the case may be, shall have respect either to the entire and unencumbered fee or to any separate claim against or interest in the property, as the court may order. The award or verdict may be molded under the direction of the court so as to do complete justice and avoid confusion of interests. It shall be within the power of the court, upon payment of the award or verdict into the registry of the court, to adjudge a condemnation of the title to the property or interest therein and give such direction as to the disposition of the fund as shall be proper, according to the rights of the several respondents, and to cause such pleadings to be filed and such issues to be made as shall be appropriate for an ascertainment and determination of such rights. 7.10J. Nothing in Sections 7.10B through 7.10I, this section, Section 7.10K, or Section 7.10L which refers to any ruling or order, or time for responding thereto, shall be held or construed to exclude any person by way of default from making known his rights or claims in the property or interest or in the fund arising therefrom. Any person making any such claim may file appropriate pleadings or intervention at any time before verdict or award, and such person shall be fully heard thereon. If any person after judgment of condemnation desires to come in and be heard on any such claim, he shall be allowed to do so. After condemnation is had and the fund paid into the registry of the court, the condemnor shall not be concerned with or affected by any subsequent proceedings unless upon appeal from the verdict or award as provided in Section 7.10H.

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7.10K. It shall be the duty of the city tax collector or tax commissioner notified as required in Section 7.10F to make known to the court in writing the taxes due on the property or interest; and the court shall give such direction as will satisfy the tax liability and discharge the lien thereon. 7.10L. When the condemnation is fully completed, the award, whether made by assessors or by the verdict of a jury, together with the decree of the court based thereon and a full and complete description of the property or interest condemned or duly certified copies of such award, decree, and description, shall be filed and recorded in the records of deeds in the office of the clerk of the Superior Court of Cobb County. The clerk shall be entitled to the same fees for such filing and recording as are allowed by law for the filing and recording of deeds, said fees to be paid by the party in whose favor said condemnation is had. Section 2 . The authority provided in this Act is intended to be supplementary to and not in lieu of any other condemnation procedures authorized by law. In all particulars not otherwise specially provided for in this Act, the court shall conform its procedure as nearly as possible to Articles 1 and 2 of Title 22 of the O.C.G.A. In the case of any conflict between the provisions of this Act and Article 3 of Chapter 2 of Title 22 of the O.C.G.A., the provisions of such general law shall prevail. 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 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.

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This the 8th day of Jan. 1988 /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson, who, on oath, deposes and says that he 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 date: January 8, 1988. /s/ Joe Mack Wilson Representative, 20th District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

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GWINNETT COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION FOR ELDERLY AND DISABLED; REFERENDUM. No. 950 (House Bill No. 1617). AN ACT To provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 65 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the conditional repeal of a local Act granting certain homestead exemptions; 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 . (a) Each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets the requirements of subsection (b) of this section is granted an exemption from all Gwinnett County School District ad valorem taxes, including but not limited to taxes to retire school bond indebtedness, for the full value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act. (b) The exemption provided by this Act shall not be granted unless the resident has owned and resided on that homestead for at least the immediately preceding 24 months and unless the resident's net income, together with the net income of that resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as provided otherwise in this section, does not exceed $25,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall

Page 4024

not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. (c) In order to qualify for the exemption provided for in this Act as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Section 2 . The tax commissioner of Gwinnett County shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application a certificate, if such owner is disabled, and an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 3 . The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of January 1, 1988, has applied for and is eligible for the exemption provided persons 65 years of age or over pursuant to Code Section 48-5-47 of the O.C.G.A. or pursuant to a constitutional amendment providing homestead exemptions from Gwinnett County ad valorem taxes (Ga. L. 1981, p. 1921) or who has applied for and is eligible for the exemption provided for persons 65 years of age or over pursuant to a local Act providing for an exemption from Gwinnett County School District ad valorem taxes, approved April 10, 1985 (Ga. L. 1985, p. 5106) shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding two years for either such exemption on the homestead for which an exemption may be granted by this Act.

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Section 4 . After any such owner has filed the proper affidavit and certificate if disabled, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the Gwinnett County School District who has claimed the homestead exemption provided for in this Act to notify the tax commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. Section 5 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Gwinnett County School District ad valorem taxes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 7 . The exemption granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52 of the O.C.G.A., and unless otherwise expressly provided in this Act, all provisions of general law which apply to that exemption shall apply to the exemption granted by this Act. Section 8 . The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, state taxes, or municipal taxes. Section 9 . If this Act is approved in the referendum provided for in Section 10 of this Act, that local Act which provides an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 65 years of age or over and whose income does not exceed $25,000.00 from all sources, approved April 10, 1985 (Ga. L. 1985, p. 5106), is repealed effective at the last moment of December 31, 1988. Section 10 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gwinnett County School District for approval or rejection.

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The election superintendent shall conduct that election on the date of and in conjunction with the November, 1988, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Gwinnett County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which (1) provides an exemption from Gwinnett County School District ad valorem taxes for the full amount of homesteads of residents of the Gwinnett County School District who are 65 years of age or over, or who are disabled, and whose income does not exceed $25,000.00 and (2) which repeals that local Act which provides an exemption from Gwinnett County School District ad valorem taxes for the full amount of homesteads of residents of the Gwinnett County School District who are 65 years of age or over and whose income does not exceed $25,000.00? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 11 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 62 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicablity; to provide for the conditional repeal of a local Act granting certain homestead exemptions; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. This 26th day of Jan, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald W. Pittman, 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 29, 1988. /s/ R W Pittman Ronald W. Pittman Representative, 60th District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4028

COBB COUNTY-MARIETTA WATER AUTHORITYHYDROELECTRIC FACILITY ACQUISITION; COMPETITIVE BIDDING WAIVER. No. 951 (House Bill No. 1616). AN ACT To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), an Act approved April 10, 1971 (Ga. L. 1971, p. 3485), an Act approved March 28, 1972 (Ga. L. 1972, p. 3208), an Act approved March 18, 1980 (Ga. L. 1980, p. 3265), an Act approved March 19, 1984 (Ga. L. 1984, p. 4345), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), so as to permit the authority to acquire, construct, own, and operate hydroelectric power generation facilities as an incidental part of waterworks projects; to permit the waiver of competitive bidding requirements where the party selling to or purchasing from the authority is the State of Georgia or any other authority of the State of Georgia or any county or municipality of the State of Georgia; to clarify the ability of the authority to sell and deliver water to counties that do not adjoin Cobb County and to municipalities located therein; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), an Act approved April 10, 1971 (Ga. L. 1971, p. 3485), an Act approved March 28, 1972 (Ga. L. 1972, p. 3208), an Act approved March 18, 1980 (Ga. L. 1980, p. 3265), an Act approved March 19, 1984 (Ga. L. 1984, p. 4345), and an Act approved March

Page 4029

28, 1986 (Ga. L. 1986, p. 5296), is amended by striking Section 3 in its entirety and inserting in its place a new Section 3 to read as follows: Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) The word `authority' shall mean the Cobb County-Marietta Water Authority created by Section 2 of this Act except where the context clearly indicates otherwise. (b) The word `project' shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of Cobb 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 be deemed to mean and include the acquisition and construction of hydroelectric power generation and transmission components which are an incidental part of such necessary and usual waterworks facilities. (c) The term `cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incidental 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, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project

Page 4030

and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms `revenue bonds' and `bonds,' as used in this Act, shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the `Revenue Bond Law,' as amended, and such type of obligations may be issued by the authority as authorized under the `Revenue Bond Law' and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed `self-liquidating' if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom will be sufficient to pay the cost of operating, maintaining, and repairing, improving and extending the project, and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 2 . Said Act is further amended by striking subsections (d) and (e) of Section 4A and inserting in their place new subsections (d) and (e) to read as follows: (d) Competitive bidding requirements may be waived if it is determined by the authority that an emergency directly and immediately affecting customer service or public health, safety, or welfare requires immediate delivery of supplies, materials, equipment, or services; provided, however, that a record explaining the emergency shall be entered into the minutes of the authority. Competitive bidding requirements may also be waived where the party selling to the authority or purchasing from the authority is the State of Georgia, another authority of the State of Georgia, or any county or municipality of the State of Georgia. (e) The authority shall have the right to reject any or all bids, or parts of any or all bids, whenever in the opinion

Page 4031

of the authority such rejection is necessary for the protection of the interests of the authority. In such cases, the authority may readvertise for new bids on the same or different terms. Section 3 . Said Act is further amended by striking Section 24 and inserting in its place a new Section 24 to read as follows: 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 water systems of Cobb County and the various municipalities in said county and those of adjoining counties and municipalities located therein; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where neither any county nor any municipality deems it desirable or feasible to furnish water; nor shall it restrict the authority from selling and delivering water to counties which do not adjoin Cobb County or to municipalities located therein; nor shall it restrict the authority from engaging in the construction, ownership, or operation of waterworks projects which include hydroelectric power generation components as an incidental part thereof or using or selling at wholesale the electric power generated therefrom. Section 5 . 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 bill to amend an Act known as the Cobb County-Marietta Water Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 497), as heretofore amended; and for other purposes.

Page 4032

This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he 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 date: January 8, 1988. /s/ Johnny Isakson Representative, 21st District Sworn to and subscribed before me, this 19th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4033

TOWN OF VAN WERTCHARTER REPEALED. No. 952 (House Bill No. 1526). AN ACT To repeal an Act entitled an act to incorporate the town of Van Wert, in the county of Polk, and for other purposes therein mentioned., approved October 18, 1870 (Ga. L. 1870, p. 220), as amended by an Act approved August 23, 1872 (Ga. L. 1872, p. 278), an Act approved February 17, 1876 (Ga. L. 1876, p. 171), and an Act approved March 27, 1941 (Ga. L. 1941, p. 1776); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled an act to incorporate the town of Van Wert, in the county of Polk, and for other purposes therein mentioned., approved October 18, 1870 (Ga. L. 1870, p. 220), as amended by an Act approved August 23, 1872 (Ga. L. 1872, p. 278), an Act approved February 17, 1876 (Ga. L. 1876, p. 171), and an Act approved March 27, 1941 (Ga. L. 1941, p. 1776), is repealed in its entirety. 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 1988 session of the General Assembly of Georgia, a bill to abolish and dissolve the charter of the Town of Van Wert; to repeal an Act approved December 27, 1838, pages 75-76 Incorporating the Town of Van Wert in Paulding County, now Polk County, Georgia, as amended by an Act approved October 18, 1870, Georgia Laws 1870, pages 220-221, and as amended by Act approved February 28, 1876, Georgia Laws 1876, pages 172-173, and as amended by an Act approved March 27, 1941, Georgia Laws 1941, page 1778; and for other purposes.

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This 29th day of December, 1987. /s/ POLK COUNTY, GEORGIA By Charles Baldwin Chairman, Board of Commissioners 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 date: January 14, 1988. /s/ Bill Cummings Representative, 17th District Sworn to and subscribed before me, this 28th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. FULTON COUNTYHOMESTEAD EXEMPTION; REFERENDUM. No. 953 (House Bill No. 1511). AN ACT To provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government

Page 4035

purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the Fulton County government, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act; to provide for other matters relative to the foregoing; to repeal specific laws; 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) Each resident of Fulton County who is 70 years of age or over or disabled is granted an exemption from all ad valorem taxes levied for county government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the county government, for the full value of the homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term adjusted gross income shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. The homestead exemption provided for in this Act shall not apply to any state ad valorem taxes or to any ad valorem taxes levied for the Fulton County School District. (b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not less than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners,

Page 4036

as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if disabled, the certificate or certificates required by subsection (b) of this section, and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. (d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemptions, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of this section, it shall not be necessary to make application and file the said affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section. (e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to Fulton County ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1988. Section 2 . The following Acts are repealed in their entirety: (1) An Act relating to a homestead exemption from Fulton County government ad valorem taxes, approved March 20, 1986 (Ga. L. 1986, p. 4362); and

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(2) An Act relating to a homestead exemption from Fulton County government ad valorem taxes, approved March 19, 1987 (Ga. L. 1987, p. 4132). Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 be approved which provides an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the Fulton County government, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income, together with the gross income of the spouse residing at the same homestead, does not exceed the amount which may be received by a person and a person's spouse under the federal Social Security Act? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following that election date.

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The expense of such election shall be borne by Fulton County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill relative to a homestead exemption from ad valorem taxes levied for Fulton County government purposes; to provide for a referendum; and for other purposes. This 20 day of January, 1988. DICK LANE Honorable Dick Lane Representative 27th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane, who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: January 22, 1988. /s/ Dick Lane Representative, 27th District Sworn to and subscribed before me, this 26th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

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GWINNETT COUNTYHOMESTEAD EXEMPTION; REFERENDUM. No. 954 (House Bill No. 1505). AN ACT To increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for a referendum; 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 VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . The homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Gwinnett County ad valorem taxes other than county school district taxes, subject to the following limits: (1) The exemption granted by this section shall be in the amount of $5,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1989, and for the tax year beginning January 1, 1990; and (2) The exemption granted by this section shall be in the amount of $7,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1991, and for all tax years thereafter.

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Section 3 . The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 2 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 2 of this Act. Section 4 . The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or municipal taxes. Section 5 . Any person who as of January 1, 1989, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act. Section 6 . The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gwinnett County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding

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the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases from $2,000.00 to $5,000.00 for the tax years beginning January 1, 1989, and January 1, 1990, and which increases from $5,000.00 to $7,000.00 for tax years beginning on and after January 1, 1991, the amount of the homestead exemption from Gwinnett County ad valorem taxes other than county school district taxes? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the

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owner as a residence and homestead; and for other purposes. This 15th day of January, 1988. /s/ Charles Bannister Honorable Charles Bannister Representative, 62nd District Jan. 22-1tc G 5455 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Bannister, who, on oath, deposes and says that he is Representative from the 62nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 22, 1988. /s/ Charles E. Bannister Representative, 62nd District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4043

RICHMOND COUNTYMOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 955 (House Bill No. 1477). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Richmond County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Richmond County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Richmond County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Richmond County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1988, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Richmond County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Richmond County. It shall be the superintendent's 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 hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a Bill providing that a vehicle shall be registered and licensed to operate for the ensuing calendar year in Richmond County during designated registration periods and providing for a referendum; and for other purposes. This 4th day of January, 1988. ROBERT C. DANIEL, JR. County Attorney for Richmond County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Walker, who, on oath, deposes and says that he is Representative from the 85th 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 date: January 11, 1988. /s/ Charles W. Walker Representative, 85th District

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Sworn to and subscribed before me, this 26th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. NEWTON COUNTYHOMESTEAD EXEMPTIONS; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUM. No. 956 (House Bill No. 1153). AN ACT To provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation; to provide for definitions; to provide for entitlement to certain homestead exemptions; to provide for application with respect to certain taxes; to provide for exempted amounts; to provide for eligibility and restrictions; to provide for applicability; to provide for certain eligibility without further application by certain qualified taxpayers; to provide for all related matters; to provide for specific repeal of certain existing homestead exemptions upon approval in a referendum; 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 . As used in this Act, the term: (a) Disabled means that a person is permanently mentally or physically incapacitated to the extent that he or she is unable to be gainfully employed.

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(b) 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. Section 2 . 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 3 . The exemptions specified in this Act shall apply to Newton County and Newton County School District taxes but shall not affect any other taxes. Section 4 . (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 62 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. Section 5 . Twenty thousand dollars of the assessed value of the homestead of each resident of Newton County who is 65 years of age or over shall be exempt from all such county and school district ad valorem taxes, except taxes to retire bonded indebtedness. Section 6 . This Act shall apply to all tax years beginning on or after January 1, 1989. Section 7 . If the tax officials of Newton County have in their records on January 1, 1989, sufficient information to determine that a taxpayer qualifies for a homestead exemption

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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 application so long as the taxpayer qualifies. Section 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Newton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Newton County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 providing for a $4,000.00 homestead exemption from certain county and school district taxes for each Newton County resident, providing for an additional $10,000.00 homestead exemption to Newton County residents who are 62 years of age or over or disabled, providing for a $20,000.00 exemption to Newton County residents who are 65 years of age or over from all such county and school district ad valorem taxes, except taxes to retire bonded indebtedness; and repealing certain existing homestead exemptions 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective

Page 4048

and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Newton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9 . If this Act is approved in the referendum provided for in Section 8 of this Act, that local constitutional amendment granting each resident of Newton County a homestead exemption of $4,000.00 from all Newton County ad valorem taxes including ad valorem taxes for the Newton County School District (Resolution Act No. 207; House Resolution No. 478-1260; Ga. L. 1980, p. 2171) originally amending Article VII, Section I, Paragraph IV of the Constitution of 1976 and continued in effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution of 1983 and Code Section 48-5-55 of the O.C.G.A.; that local constitutional amendment providing a homestead exemption of $8,000.00 from all Newton County and Newton County School District ad valorem taxes for each resident of Newton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00, exclusive of certain retirement, survivor, disability, and pension benefits (Resolution Act No. 215; House Resolution No. 521-1370; Ga. L. 1980, p. 2187) originally amending Article VII, Section I, Paragraph IV of the Constitution of 1976 and continued in effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution of 1983 and Code Section 48-5-55 of the O.C.G.A.; and 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, approved March 14, 1983 (Ga. L. 1983, p. 3814) shall stand repealed in their entirety effective December 31, 1988. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Legal No. 231 February 26, 1987

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation; to provide for definitions; to provide for entitlement to certain homestead exemptions; to provide for application with respect to certain taxes; to provide for exempted amounts; to provide for eligibility and restrictions; to provide for applicability; to provide for certain eligibility without further application by certain qualified taxpayers; to provide for all related matters; to provide for specific repeal of certain existing homestead exemptions upon approval in a referendum; to provide for a referendum; and for other purposes. This 24th day of February, 1987. Denny M. Dobbs 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 date: February 26, 1987. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 9th day of March, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4050

CHATHAM COUNTYOFFICIALS; COMPENSATION. No. 957 (House Bill No. 1481). AN ACT To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of certain officials; to provide for the effective date of such changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), 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. (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner $39,500.00 per annum Sheriff 46,484.00 per annum Clerk of the superior court 32,800.00 per annum Clerk of the state court 30,000.00 per annum Clerk of the probate court 26,000.00 per annum Judge of the recorder's court 57,000.00 per annum Judge of the probate court 44,000.00 per annum Judge of the juvenile court 44,100.00 per annum Judge of the state court 60,000.00 per annum Chief magistrate of the magistrate court 38,000.00 per annum Coroner 8,200.00 per annum

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(b) (1) Except as provided in paragraph (2) of this subsection, effective on the first day of the next term of office which begins after July 1, 1988, each officer and official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner $47,000.00 per annum Sheriff 49,000.00 per annum Clerk of the superior court 37,000.00 per annum Clerk of the state court 33,000.00 per annum Clerk of the probate court 28,500.00 per annum Judge of the recorder's court 59,500.00 per annum Judge of the probate court 48,000.00 per annum Judge of the juvenile court 48,000.00 per annum Judge of the state court 63,000.00 per annum Cheif magistrate of the magistrate court 43,000.00 per annum Coroner 8,200.00 per annum (2) The governing authority of Chatham County may, at any time, raise the minimum salary of any officer or official listed in this section to the minimum salary set forth in paragraph (1) of this subsection. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personnally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county;

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That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Dec. 12, 1987, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended; and for other purposes. This 10th day of Dec., 1987. Roy Allen appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 15 day of Dec., 1987. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 15, 1988.

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GRIFFIN-SPALDING COUNTY ANTI-DRUG COMMISSIONCREATION. No. 958 (House Bill No. 1916). AN ACT To provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commission to contract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Griffin or the County of Spalding shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to repeal conflicting laws; and for other purposes. WHEREAS, it is desirable and in the public interest that actions be initiated and implemented to control or deter, with the ultimate objective of eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Griffin and in Spalding County; that educational programs to inform and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate the widespread use and possession of such drugs and substances;

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that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from society; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title . This Act may be cited as the Griffin-Spalding County Anti-Drug Commission Act. Section 2. Anti-Drug Commission . There is hereby created a body corporate and politic, to be known as the Griffin-Spalding County Anti-Drug Commission, which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all immunities as are now or hereafter granted to it or authorized by the Constitution and laws of this state. Section 3. Term of existence or duration . The commission shall have the existence hereunder for and during a term of five years, beginning on July 1, 1988, and terminating on June 30, 1993, at which time such commission shall hereby be dissolved and shall thereafter be nonexistent. Section 4. Composition . (a) The commission shall be composed of 24 members, to fill the 24 respective posts, as follows: Post Members 1. The mayor of the City of Griffin; 2. The chairman of the board of commissioners of Spalding County; 3. The mayor of the City of Orchard Hill; 4. The mayor of the City of Sunnyside; 5. The sheriff of Spalding County; 6. The chief of police of the City of Griffin; 7. The superintendent of the Griffin-Spalding County School System; 8. The chairman of the Board of Health of Spalding County; 9. The area director of McIntosh Trail Mental Health, Mental Retardation, and Substance Abuse Services Unit of the Georgia Department of Human Resources; 10. The district attorney of the Griffin Judicial Circuit or any successor judicial circuit that embraces or includes the Superior Court of Spalding County; 11. The chairman of the Board of Midway Recovery Systems in the City of Griffin; 12. The president of the Griffin-Spalding County Medical Association; 13. The president of the Griffin-Spalding County Pharmacy Association; 14. The president of the Griffin Ministerial Association; 15. The president of the Griffin Ministerial Alliance; 16. The president of the Griffin-Spalding County Civic Improvement League; 17. The president of the Coalition of the Griffin-Spalding County Parents Teachers Association; 18. The Griffin District Post Commander of the Georgia State Patrol; 19. The president of the Griffin-Spalding County Chamber of Commerce; 20. The president of the Student Body of Griffin High School; 21-22. One member shall be appointed to each of these two posts by the governing authority of the City of Griffin for such term of office as such board may desire during the five-year period of existence of such commission; and 23-24. One member shall be appointed to each of these two posts by the governing authority of the County of Spalding for such term of office as such board may desire during the five-year period of such commission. (b) Each of the officers in Posts 1 through 20 shall serve as a member of such commission only during his or her respective term of office and each shall be succeeded as a member of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate for any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission. Section 5. Vacancies . (a) Any vacancy in the above designated Post 21 or 22 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the City of Griffin. (b) Any vacancy in the above-designated Post 23 or 24 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the County of Spalding. (c) If any of the above-designated offices of members of Posts 1 through 20 should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Spalding County shall appoint a person to fill such vacancy. Section 6. Officers . Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the

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commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commission. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the commission and shall serve as its chief executive officer. For and during the absence, disqualification, or disability of the chairman, the vice chairman shall serve as chairman. If the chairman's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office. Section 7. Meetings . The commission shall hold at least one regular meeting quarter-annually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the commission may deem meet and proper. The commission may hold such other regular, special, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meetings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission present at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business transacted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings

Page 4058

and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings. Section 8. Operating budgets . It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Griffin and the County of Spalding with each such entity contributing an equal amount to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1988. The commission shall make a written request to the City of Griffin and the County of Spalding for operating funds pursuant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Griffin and the County of Spalding on or before April 15, 1988, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Griffin and the County of Spalding. In addition to any such annual contribution, both the City of Griffin and the County of Spalding are hereby authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution. Section 9. Compensation . From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and manner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion. Section 10. Purpose and authorizations . Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said commission is hereby authorized: (1) To work and cooperate with, and to seek the cooperation of, the City of Griffin and all other municipalities

Page 4059

of the State of Georgia; the County of Spalding and all other counties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and the United States of America, including each of its departments, agencies, entities, or instrumentalities; in the furtherance of the purpose of the commission; (2) To prepare, publish, and disseminate information in support of its purpose; (3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances; (4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations herein provided, to accomplish the above-stated purpose of the existence of such commission; (5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and (6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it. Section 11. Additional powers . The commission shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To enter into agreements with the City of Griffin, with the County of Spalding, or with any other political subdivision or municipal corporation of the state in the exercise of its charge;

Page 4060

(4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes; (5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and functions as herein set out; (6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Griffin, the County of Spalding, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, municipality, county, or political subdivision may require or impose; (7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness; (8) To exercise any power granted by the laws of the State of Georgia to private corporations which is not in conflict with the purposes of the commission; and (9) To do all things necessary or convenient to execute and carry out the powers expressly given and provided in this Act. Section 12. Tax-exempt status of the commission . The properties of the commission, both real and personal, are hereby declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assessments of any city, county, or the state, or any political subdivision thereof.

Page 4061

Section 13. Rules and regulations . It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission. Section 14. Obligations of the commission . No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Griffin or the County of Spalding. Section 15. Venue and jurisdiction . Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the State Court of Spalding County or the Superior Court of Spalding County, and such courts shall have the exclusive, original jurisdiction of any such actions. Section 16. Powers declared supplemental and additional . The foregoing provisions 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 the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. Section 17. Liberal construction of this Act . This Act, being for the welfare of various municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 18. Effect of partial invalidity of Act . The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 19. Effective date . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 20. Specific repealer . This Act does not in any way take from the State of Georgia, or any department, agency, or instrumentality thereof, the City of Griffin or Spalding County, or any other municipal corporation or political subdivision of

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this state, any right, authority, or power held by any such public entity or body politic. Section 21. General repealer . All laws and parts of law in conflict with this Act are hereby repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a Bill creating the Griffin-Spalding County Anti-Drug Commission, conferring powers and imposing duties on such Commission, repealing conflicting laws and for other purposes. This the 2nd day of February, 1988. James W. Goolsby, a Member of the Board of Commissioners of Spalding County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the 76th 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 date: February 5, 1988. /s/ Suzi Johnson-Herbert Representative, 76th District Sworn to and subscribed before me, this 1st day of March, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4063

CRAWFORD COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 959 (House Bill 1744). AN ACT To provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Crawford County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for applicability; to provide for construction of the provisions of this Act; to provide for the approval or disapproval of this Act by the voters of Crawford County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Crawford County school district who is 62 years of age or over and who does not have a gross income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Crawford County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted

Page 4064

to the homestead within this section shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1988. Section 2 . (a) The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the homestead exemption granted by Code Section 48-5-52 of the O.C.G.A., relating to exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 years of age or older. (b) If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Crawford County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Crawford County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general election to be held in November, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for

Page 4065

two weeks immediately preceding the date thereof in the official organ of Crawford County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Crawford County school district who is 62 years of age or over and who does not have an income from all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following that election date. The expense of such election shall be borne by Crawford County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to provide for a $12,000.00 homestead exemption for each resident of the Crawford County School District who is 62 years of age or over

Page 4066

and who has an income not exceeding $14,000.00 per year; to provide for a referendum; and for other purposes. This 5th day of Feb., 1988. Rep. Robert Ray Dist. 98th 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 Georgia Post which is the official organ of Crawford County, on the following date: February 11, 1988. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4067

JACKSON COUNTYSTATE COURT; JUDGE AND SOLICITOR; PRACTICE OF LAW; COMPENSATION. No. 960 (House Bill No. 1833). AN ACT To amend an Act creating the State Court of Jackson County, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334), an Act approved March 28, 1935 (Ga. L. 1935, p. 523), an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3574), so as to provide that the judge of such court may engage in the private practice of law; to provide that the solicitor of such court may engage in the private practice of law; to provide for conditions and restrictions; to provide for the compensation of the judge and solicitor; to repeal certain provisions relating to the judge and solicitor in conflict with such provisions; to change the terms of such court and provide for matters relating to calendars; to provide 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 Jackson County, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334), an Act approved March 28, 1935 (Ga. L. 1935, p. 523), an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3574), is amended by striking from Section 2 of said Act the following: The said judge shall receive no other compensation, but may practice law in any court except his own. Section 2 . Said Act is further amended by adding, following Section 2, a new Section 2.1 to read as follows: Section 2.1. (a) To the extent that the performance of his duties in the state court are not affected, the judge

Page 4068

of the State Court of Jackson County may engage in the private practice of law in other courts but may not practice in the State Court of Jackson County or appear in any matter as to which he has exercised any jurisdiction. (b) To the extent that the performance of his duties in the state court are not affected, the solicitor of the State Court of Jackson County may engage in the private practice of law in other courts but may not practice in the State Court of Jackson County or appear in any matter as to which he has exercised any jurisdiction. (c) The governing authority of Jackson County shall fix the salary of the judge of such court in an amount not less than $23,000.00 per annum, to be paid in equal monthly installments from the funds of Jackson County as expenses of said court. (d) The governing authority of Jackson County shall fix the salary of the solicitor of such court in an amount not less than $19,000.00 per annum, to be paid in equal monthly installments from the funds of Jackson County as expenses of said court. Section 3 . Said Act is further amended by striking Section 1 of the amendatory Act, approved August 26, 1931 (Ga. L. 1931, p. 334), as amended by an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), which reads as follows: Section 1. The governing authority of Jackson County shall fix the salary of the judge and solicitor of said court in an amount not less than $5,000.00 per annum for each of said officers, and when so fixed, said salaries shall be paid in equal monthly installments from the funds of Jackson County as expenses of said court., in its entirety. Section 4 . Said Act is further amended by striking subsection (a) of Section 1 of said amendatory Act, approved March 28, 1935 (Ga. L. 1935, p. 523), as amended by said amendatory

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Act, approved April 17, 1973 (Ga. L. 1973, p. 3574), and inserting in lieu thereof a new subsection (a) to read as follows: (a) The terms of the State Court of Jackson County shall be the third Monday of January, March, May, July, September, and November, but the court shall hold at least one session of court for the trial of cases each month of the year. The judge and solicitor of such court shall use their best efforts to try or otherwise dispose of all cases on the calendar at each term. Section 5 . This Act shall become effective on January 1, 1989. Section 6 . 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 1988 session of the Georgia General Assembly for the purpose of changes in the Jackson County State Court. This fifth day of February, 1988. Henry Robinson, Chairman Jackson County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr., who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following date: February 17, 1988. /s/ Lauren McDonald, Jr. Representative, 12th District

Page 4070

Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. COBB COUNTYHOMESTEAD EXEMPTION; REFERENDUM. No. 961 (House Bill No. 1895). AN ACT To provide for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, except taxes to retire bonded indebtedness, ad valorem taxes for the Cobb County School System, and taxes to retire bonded indebtedness of the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of authority; to provide for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof; to provide for qualifications, practices, and procedures; to provide for forms and certificates; to provide for the applicability or inapplicability of other exemptions; to provide for exceptions; to provide for superseding certain exemptions or portions thereof; 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 . This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution of the State of Georgia

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of 1983, which authorizes the granting of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . Each resident of Cobb County who is disabled is granted an exemption from all Cobb County ad valorem taxes, except taxes to retire bonded indebtedness, ad valorem taxes for the Cobb County School System, and taxes to retire bonded indebtedness of the Cobb County School System, in the amount of $22,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for in this Act, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the Official Code of Georgia Annotated certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he or his agent provides the tax commissioner of Cobb County with the certificates provided for in this Act and files an application with such tax commissioner giving the amount of income which he and his spouse received during the last taxable year for income tax purposes and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for a homestead exemption, and the provisions of law applicable to

Page 4072

the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such certificates thereafter for any year and such exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this Act. The increased exemption provided for in this Act shall apply to all taxable years beginning after December 31, 1988. Section 3 . The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to any exemption from Cobb County ad valorem taxes which is lower in amount for any taxable year and which is granted by the Constitution or laws of this state. If the amount of any other exemption applicable to any resident is greater than or is increased to an amount greater than the amount of the exemption granted by Section 2 of this Act, then such exemption shall apply rather than the exemption granted by Section 2 of this Act. Section 4 . The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied on behalf of the Cobb County School System, state taxes, or municipal taxes. Section 5 . The exemption granted by Section 2 of this Act shall supersede that portion of an amendment to the Constitution of 1976 contained in Ga. L. 1980, p. 2098 and continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia of 1983, which granted an exemption from all Cobb County ad valorem taxes, but only to the extent such exemption applied to county taxes other than county school district ad valorem taxes. This Act shall not affect or supersede any existing homestead exemption from Cobb County School District ad valorem taxes. Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cobb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cobb County for approval or rejection. The election superintendent

Page 4073

shall conduct that election on the date of the November, 1988, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Cobb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, except taxes to retire bonded indebtedness and ad valorem taxes for the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Cobb County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Cobb County ad valorem taxes, including taxes to retire bonded indebtedness, except ad valorem

Page 4074

taxes for the Cobb County School System, for certain residents of the Cobb County; to provide for a referendum; and for other purposes. This 11th day of February, 1988. Signed, Fred Aiken, Secretary of Cobb Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Wilder, 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 date: February 14, 1988. /s/ Tom Wilder Representative, 21st District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4075

BULLOCH COUNTYPROBATE COURT; CLERK; COMPENSATION. No. 962 (House Bill No. 1758). AN ACT To amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2590), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4493), so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the judge of the Probate Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2590), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4493), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The judge of the probate court is authorized to employ and fix the salary of a clerk in an amount not to exceed $12,500.00 per annum. The judge of said court is further authorized to employ and fix the compensation of part-time clerical employees with the approval of the board of commissioners of Bulloch County whenever the workload in the office of the judge of the probate court requires additional personnel. Such salaries shall be payable in equal monthly installments from the funds of Bulloch County. Section 2 . This Act shall become effective July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Page 4076

Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2590), as amended, so as to change the compensation of personnel employed in the office of the judge of the probate court; and for other purposes. This 2nd day of February, 1988. /s/ Honorable Robert E. Lane Representative, 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. 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 date: February 5, 1988. /s/ Robert E. Lane Representative, 111th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4077

BULLOCH COUNTYCLERK OF SUPERIOR COURT; EMPLOYEES; COMPENSATION. No. 963 (House Bill No. 1759). AN ACT To amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4487), so as to change the compensation of the employees of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the clerk of the Superior Court of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4487), is amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The clerk of the superior court is authorized to employ a deputy clerk, a docket clerk, and a typist. The deputy clerk shall receive a salary not to exceed $13,250.00 per annum, the docket clerk shall receive a salary not to exceed $12,250.00 per annum, and the typist shall receive a salary not to exceed $11,500.00 per annum. Such salaries shall be fixed by the clerk of the superior court and shall be payable in equal monthly installments from the funds of Bulloch County. Section 2 . This Act shall become effective July 1, 1988. 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 1988 session of the General Assembly of Georgia a bill to amend

Page 4078

an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, so as to change the compensation of personnel employed in the office of the clerk of the superior court; and for other purposes. This 2nd day of February, 1988. Honorable Robert E. Lane Representative, 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. 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 date: February 5, 1988. /s/ Robert E. Lane Representative, 111th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4079

BULLOCH COUNTYSHERIFF; DEPUTIES AND CLERK; COMPENSATION. No. 964 (House Bill No. 1760). AN ACT To amend an Act placing the sheriff of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4489), so as to change the compensation of the deputies and office clerk 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 Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4489), is amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The sheriff of Bulloch County is authorized to employ one chief deputy who shall be compensated in an amount not to exceed $20,700.00 per annum, two junior deputies who shall be compensated in an amount not to exceed $18,000.00 per annum, and one office clerk who shall be compensated in an amount not to exceed $15,450.00 per annum. The sheriff is also authorized to employ additional deputies and fix their compensation with the approval of the board of county commissioners. The sheriff is further authorized to expend county funds in excess of the limitations specified in this section with the approval of the board of county commissioners in order to comply with the overtime pay provisions of the federal Fair Labor Standards Act. The salaries of such personnel shall be paid in equal monthly installments from the funds of Bulloch County. All deputies of the sheriff shall be qualified arresting officers. Section 2 . This Act shall become effective July 1, 1988.

Page 4080

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 1988 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Bulloch County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, so as to change the compensation of personnel employed in the office of the sheriff; and for other purposes. This 2nd day of February, 1988. /s/ Honorable Robert E. Lane Representative, 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. 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 date: February 5, 1988. /s/ Robert E. Lane Representative, 111th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4081

COBB COUNTYSTATE COURT; JUDGES; COMPENSATION. No. 965 (House Bill No. 1885). AN ACT To amend an Act creating the State Court of Cobb County, approved March 24, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4814), so as to change the compensation of the judges of the State 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 creating the State Court of Cobb County, approved March 24, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4814), is amended by striking from Section 23 the following: The salary of the judges of the State Court of Cobb County shall be $64,864.00 per annum., and inserting in lieu thereof the following: On and after April 1, 1988, the salary of the judges of the State Court of Cobb County shall be $71,350.00 per annum. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

Page 4082

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211); as amended; and for other purposes. This the 8th day of Jan. 1988 /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephen P. 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 date: January 8, 1988. /s/ Stephen P. Thompson Representative, 20th District

Page 4083

Sworn to and subscribed before me, this 10th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. COLUMBIA COUNTYBOARD OF COMMISSIONERS; CHAIRMAN AND MEMBERS; ALLOWANCES AND EXPENSES; POWERS. No. 966 (House Bill No. 1791). AN ACT To amend an Act creating a board of commissioners for Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so as to change the salary provisions relating to the chairman and other members of the board of commissioners; to provide for an allowance for members of the board to enable such members to carry out their duties; to limit the amount of such allowance and the period in which such allowance will be effective; to provide for the reimbursement of members for certain expenses incurred by members outside of Columbia County; to change the provisions relating to meetings of the board; to change the provisions relating to the powers and duties of the board of commissioners; to change the provisions relating to the powers and duties of the chairman of the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners for Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, is amended by striking in its entirety subsection

Page 4084

(a) of Section 5 and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The chairman of the board of commissioners of Columbia County, Georgia, shall receive an annual salary of $7,500.00, payable in equal monthly installments from county funds; provided, however, that on and after January 1, 1989, the chairman shall receive an annual salary of $10,500.00, payable in equal monthly installments from county funds. Each of the other members of said board shall receive an annual salary of $3,600.00, payable in equal monthly installments from county funds; provided, however, that on and after January 1, 1989, each of the other members of said board shall receive an annual salary of $6,500.00, payable in equal monthly installments from county funds. (2) In addition to the compensation provided for in paragraph (1) of this subsection, the chairman and each other member of the board of commissioners shall be entitled to receive from the effective date of this Act through December 31, 1988, an allowance in an amount of $250.00 per month, payable from county funds. Such allowance shall enable the chairman and other members of the board to carry out their duties and responsibilities. Notwithstanding any other provisions of this paragraph, the allowance provided for in this paragraph shall not be paid unless the board of commissioners adopts a resolution providing for such allowance. (3) On and after January 1, 1989, the members of the board of commissioners shall be entitled to reimbursement for actual expenses incurred by members of the board outside of Columbia County in carrying out official county business, provided such expenses are approved by the board. Section 2 . Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Said board of commissioners of Columbia County shall meet at the courthouse in said county on the first Tuesday of each month and at the governmental office

Page 4085

complex on the third Tuesday of each month; provided, however, that the said board shall meet at such other times as determined by the chairman or a majority of said board of commissioners. Section 3 . Said Act is further amended by striking in its entirety subsection (e) of Section 9 and inserting in lieu thereof a new subsection (e) to read as follows: (e) To be solely responsible for employing the various department heads, including, but not being limited to, a comptroller, clerk of the board of commissioners, director of public works or county engineer, or both, planning and zoning administrator, superintendent of the water and sewerage department, and such other department heads as may be necessary from time to time. Said board of commissioners may delegate the hiring of other county employees to the respective department heads. Section 4 . Said Act is further amended by striking in its entirety subsection (b) of Section 10 and inserting in lieu thereof a new subsection (b) to read as follows: (b) Cause the clerk of the board of commissioners or such other department head so designated by the board of commissioners to keep accurate minutes and records of each meeting of the board and cause same to be bound and kept in a permanent form. 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended; and for other purposes. This 18 day of January, 1988. Honorable William S. Jackson Representative, 83rd District

Page 4086

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 News-Times which is the official organ of Columbia County, on the following date: January 20, 1988. /s/ William S. Jackson Representative, 83rd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. CITY OF CULLODENCOUNCIL; DISTRICTS; ELECTIONS; TERMS; ELECTION OF MAYOR. No. 967 (House Bill No. 1741). AN ACT To amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2537), so as to provide for the election of city council members from districts by the residents of such districts; to provide for districts; to provide for elections and terms of office; to provide for the election of the mayor; to provide residency requirements; to provide procedures; to provide

Page 4087

for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2537), is amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. (a) For the purpose of electing the six members of the city council, the City of Culloden shall be divided into three council districts as follows: Council District 1 Monroe Tract 503 That part of Block 217 inside the City of Culloden Blocks 224 and 225 Council District 2 Monroe Tract 503 Block 222 That part of Block 223 inside the City of Culloden Block 226 Council District 3 Monroe Tract 503 Blocks 218 and 219 Those parts of Blocks 220 and 221 inside the City of Culloden (b) `Tract,' `block group,' and `block' shall have the same meaning and describe the same geographical boundaries as

Page 4088

provided in the Bureau of the Census report for the United States decennial census of 1980 for the State of Georgia. Any portion of the City of Culloden not included in Council District 1, 2, or 3, described in subsection (a) of this section, shall be included within that council district contiguous to such portion which contains the least population according to the United States decennial census of 1980. (c) (1) There shall be two council members elected from each district as provided in this subsection. Each district position on the city council shall be elected by the residents of the respective district. Only the qualified voters of a district shall be entitled to vote for candidates seeking membership on the city council from that district. (2) On the second Wednesday in November, 1988, and biennially thereafter, there shall be elected one member of the city council from each council district. Such members shall occupy offices to be known as Post 1 of each respective council district. They shall take office on the first Monday in January following their election for a term of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the city election immediately preceding the expiration of a term of office and shall take office on the first Monday in January following such election for a term of two years and until successors are elected and qualified. (3) On the second Wednesday in November, 1989, and biennially thereafter, there shall be elected one member of the city council from each council district. Such members shall occupy offices to be known as Post 2 of each respective council district. They shall take office on the first Monday in January following their election for a term of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the city election immediately preceding the expiration of a term of office and shall take office on the first Monday in January following such election for a term of two years and until successors are elected and qualified.

Page 4089

(d) On the second Wednesday in November, 1988, and biennially thereafter, there shall be elected a mayor of the City of Culloden. The mayor shall take office on the first Monday in January following the election for a term of two years and until a successor is elected and qualified. Thereafter, a successor shall be elected at the city election immediately preceding the expiration of a term of office and shall take office on the first Monday in January following such election for a term of two years and until a successor is elected and qualified. (e) (1) A candidate for city council may not offer for election unless such person has been a resident of the council district from which such person offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his legal residence from the district the member represents, the member's place on the council shall immediately become vacant. (2) A candidate for mayor may not offer for election unless such person has been a resident of the City of Culloden for at least one year immediately preceding the date of the election. If the mayor moves his legal residence from the city, the office of mayor shall immediately become vacant. (f) All elections shall be conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' All persons who have resided in the City of Culloden for at least 30 days before an election and who are qualified to vote for members of the General Assembly shall be eligible to vote, upon registration, in city elections. 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 1988 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Culloden, approved October

Page 4090

24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended; and for other purposes. This 29th day of January, 1988. /s/ Kenneth Waldrep Representative, District 80 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 Monroe County Reporter which is the official organ of Monroe County, on the following date: February 3, 1988. /s/ Kenneth Waldrep Representative, 80th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4091

CITY OF SPRINGFIELDCORPORATE LIMITS; REFERENDA. No. 968 (House Bill No. 1749). AN ACT To amend an Act creating a new charter for the City of Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended, so as to change the corporate limits of said city; to provide for other matters relative thereto; to provide for referenda; 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 Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended, is amended by adding immediately following Section 2 a new Section 2A to read as follows: Section 2A. (a) In addition to all territory, land, and improvements now included in the corporate limits of the City of Springfield, said corporate limits shall be extended so that said corporate limits shall include all of the territory, land, and improvements located within the following described areas, to wit: DISTRICT A Beginning at the point where White Deer Branch crosses the center line of Georgia State Highway No. 119 (Springfield-Guyton Road) and from thence running along said branch in a Northerly direction to a point where it intersects with Jack's Branch; and then proceeding North along Jack's Branch until said Jack's Branch intersects with the center line of Effingham County Road No. 313; and then extending North along said Jack's Branch a distance of 500 feet from the center line of Effingham County Road No. 313 to a point; and then extending eastwardly along a line at all points 500 feet from Effingham County Road No. 313 a distance of approximately

Page 4092

3,470 feet to a point at the center line of Georgia State Highway No. 21; and then extending 500 feet eastwardly from the center line of Georgia Highway 21 to a point; and then extending southeastwardly a distance of approximately 2,640 feet along a line 500 feet northeast of Georgia State Highway No. 21 at all points, to a point 500 feet from Georgia Highway 119; then extending northeastwardly a distance of approximately 6,600 feet along a line 500 feet from Georgia State Highway 119 at all points to a point where such line intersects with Ebenezer Creek; then extending South along the western bank of Ebenezer Creek to a point where said western bank of Ebenezer Creek intersects with the eastern bank of Jack's Branch; then extending northwestwardly along the eastern bank of Jack's Branch to a point, said point being approximately 1,650 feet northwest of the intersection of Ash Street and Madison Street; then extending in a straight line from said point to the intersection Ash Street and Madison Street a distance of 1,650 feet; then extending from said intersection along the center line of Madison Street southwestwardly a distance of 1,650 feet to the center of the intersection of Madison Street and Laurel Street; then extending from said Center point southwestwardly along the center line of Georgia State Highway 119 a distance of approximately 4,950 feet to a point which shall be the point of the beginning. Said property is more particularly described as `District A' on a map entitled `Map of Proposed Annexation, City of Springfield', drawn by Wilder Survey and Mapping, Rincon, Georgia, dated December 9, 1987, which is specifically incorporated herein by reference for any and all purposes and which is on file with the Clerk of the City of Springfield, City Hall, Springfield, Georgia. DISTRICT B Beginning at a point where an extension of the eastern right-of-way line of Effingham County Road 193 intersects with the center line of Georgia State Highway 119, then extending South a distance of approximately 3,300 feet to the intersection of the eastern right-of-way line of the Effingham County Road No. 193 and County Road No.

Page 4093

190; then extending from said intersection in a southwardly direction a distance of approximately 4,950 feet to a point approximately 500 feet west of the center line of Effingham County Road No. 179; then extending eastwardly approximately 1,320 feet to a point, said point being 500 feet west of the center line of Effingham County Road No. 176; then extending south a distance of approximately 990 feet to a point 500 feet from Effingham County Road No. 176; then extending east from said point along a line parallel to Effingham County Road No. 180 and being at all points 500 feet south of said Effingham County Road No. 180, a distance of 3,300 feet to a point adjoining the eastern right-of-way of Effingham County Road No. 181; then extending southwardly along the eastern right-of-way of Effingham County Road No. 181 to a point where said line intersects with an extension of the southernmost boundary of lands now or formerly of Juanita Allen; then extending along said southernmost boundary of Juanita Allen a distance of approximately 300 feet to a point where lands of Juanita Allen intersect with lands now or formerly of Gerald and Cindy Townsend; then extending eastwardly along the southern boundary of the Townsend property a distance of approximately 1,650 feet to a point where said southern boundary of Townsend property intersects with the western boundary of lands of Mrs. R. K. Rahn; then extending along the western boundary lands of Mrs. R.K. Rahn a distance of approximately 1,980 feet to a point where lands of Mrs. R.K. Rahn intersect with the northern boundary of property now or formerly of Vernon C. Knowles, the southern and eastern boundary of Mary M. Cornwell, and the southern boundary of lands now or formerly fo the R.K. Rahn estate; then extending east a distance of approximately 330 feet along the boundary separating lands now or formerly of R.K. Rahn estate from lands now or formerly of Mrs. R.K. Rahn to a point; then extending north a distance of approximately 330 feet along the boundary separating lands of the R.K. Rahn estate from lands of T. W. Bragg, Jr.; then extending east a distance of approximately 800 feet, along the lines separating lands of Albert H. Allen, Jr., Joseph M. Kessler, and Robert E. Regan, from lands of T.W.Bragg, Jr.; then extending north across Georgia State Highway 21, a distance of approximately

Page 4094

1,000 feet; then extending west a distance of 100 feet to a point on the eastern boundary of lands now or formerly of Jack D. Heneisen; then extending north along the eastern boundary of lands now or formerly of Jack D. Heneisen a distance of approximately 1,980 feet to a point where said eastern boundary intersects with Ebenezer Creek; then extending northwestwardly along the west bank of said creek to a point where the west bank of said creek intersects the west bank of Jack's Branch; then extending northwestwardly along the west bank of Jack's branch to a point 1,650 feet northeast of the intersection of Ash Street and Madison Street; then extending southwestwardly a distance of 1,650 feet to the center point of the intersection of Ash Street and Madison Street; then extending southwestwardly along the center line of Madison Street a distance of approximately 1,650 feet to the center of the intersection of Madison Street and Laurel Street; then extending from the center of said intersection southwestwardly along the center line of Georgia State Highway No. 119 a distance of approximately 4,950 feet to a point where Georgia State Highway No. 119 intersects with an extension of the eastern right-of-way line of Effingham County Road No. 193, said point being the point of beginning. Said property is more particularly described as `District B' on a map entitled `Map of Proposed Annexation, City of Springfield', drawn by Wilder Survey and Mapping, Rincon, Georgia, dated December 9, 1987, which is specifically incorporated herein by reference for any and all purposes and which is on file with the Clerk of the City of Springfield, City Hall, Springfield, Georgia. (b) On the earliest date it is economically feasible to do so, the City of Springfield is obligated to furnish street lighting service and water and sewerage service to persons residing in the area annexed to the corporate limits of said city by subsection (a) of this section. The City of Springfield shall provide other normal city services, such as police protection and trash and garbage pick-up services, to the residents of the area annexed to the corporate limits of said city by subsection (a) of this section at the same rates and under the same conditions that such normal city services are provided

Page 4095

to other residents of said city. No person or business in the area annexed to the corporate limits of said city by subsection (a) of this section shall be assessed ad valorem taxes or business or occupation tax until January 1, 1989, and may not be charged for water or sewerage services until lines are tied in to the city systems. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Springfield shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Springfield for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Effingham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which annexes additional territory of Effingham County to the corporate limits of the City of Springfield? 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 Yes, said Act or portions thereof may become of full force and effect subject to the additional requirements of Section 3 of this Act. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed in its entirety on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Springfield. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 3 . (a) As used in this section, the term:

Page 4096

(1) Approved under Section 2 means that more than one-half of the voters voting at the referendum provided for in Section 2 of this Act voted Yes. (2) District A electors means the qualified electors of Effingham County residing within that portion of District A described in quoted Section 2A of Section 1 of this Act which is outside the present corporate limits of the City of Springfield. (3) District B electors means the qualified electors of Effingham County residing within that portion of District B described in quoted Section 2A of Section 1 of this Act which is outside the present corporate limits of the City of Springfield. (4) Present corporate limits of the City of Springfield means the corporate limits of said city as such corporate limits exist independently of any provision of this Act. (5) The question means the question submitted separately to District A electors and to District B electors provided for in subsection (b) of this section. (b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act separately to the District A electors and to the District B electors for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Effingham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which annexes additional territory of Effingham County to the corporate limits of the City of Springfield?

Page 4097

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. (c) If approved under Section 2 and if more than one-half of the votes cast on the question by both District A and District B electors are Yes, this Act shall become of full force and effect on January 1, 1989, but if one-half or more of the votes cast on the question by both District A and District B electors are No this Act shall not become effective and shall be automatically repealed in its entirety on January 1, 1989. (d) If approved under Section 2 and if more than one-half of the votes cast on the question by District A electors are Yes and one-half or more of the votes cast on the question by District B electors are No, then the territory added to the present corporate limits of the City of Springfield by District A of quoted Section 2A of Section 1 of this Act shall be effective on January 1, 1989, and the territory described in District B of quoted Section 2A of Section 1 of this Act shall automatically be revised effective January 1, 1989, to describe the present corporate limits of the City of Springfield lying outside said District A. (e) If approved under Section 2 and if more than one-half of the votes cast on the question by District B electors are Yes and one-half or more of the votes cast on the question by District A electors is No, then the territory added to the present corporate limits of the City of Springfield by District B of quoted Section 2A of Section 1 of this Act shall be effective on January 1, 1989, and the territory described in District A of quoted Section 2A of Section 1 of this Act shall automatically be revised to describe the present corporate limits of the City of Springfield lying outside said District B. (f) The election superintendent of Effingham County shall certify the results of the election provided for in this section to the Secretary of State. The City of Springfield shall reimburse Effingham County for the cost of conducting the election provided for in this section. Section 4 . All laws and parts of laws in conflict with this Act are repealed.

Page 4098

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended; and for other purposes. This 10th day of February, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr., who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald which is the official organ of Effingham County, on the following date: February 10, 1988. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 16th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4099

DEKALB COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 969 (House Bill No. 1734). AN ACT To amend an Act making provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), so as to change the provisions relating to the compensation of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act making provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), is amended by striking subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chief magistrate shall receive an annual salary equal to 72 percent of the total of: (1) The annual salary received by a superior court judge from state funds; (2) The annual amount of any supplement paid to a judge of the superior courts of the Stone Mountain Judicial Circuit as a county supplement to the state salary; and (3) Any increases in such annual salary or county supplement, or both, enacted or paid to such judges of the superior courts on or after April 1, 1988. Such compensation shall be paid in equal monthly installments from the funds of DeKalb 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 such approval.

Page 4100

Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1988 Session of the General Assembly to amend an act (Ga. Laws 1985, p. 4819) regarding the Magistrate Court of DeKalb County to make provisions related to compensation of the Magistrate Judge and to enact new legislation relating to the appointment of Associate Magistrate Judges. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Max Davis, who, on oath, deposes and says that he 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 date: January 14, 1988. /s/ J. Max Davis Representative, 45th District Sworn to and subscribed before me, this 11th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988.

Page 4101

BARTOW COUNTYMOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 970 (House Bill No. 1742). AN ACT To provide that vehicles shall be registered and licensed to operate in Bartow County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum as to the effectiveness of the foregoing; to provide for related matters; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1 of the first year following the effective date of this section, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bartow County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . The election superintendent of Bartow County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bartow County for approval or rejection. The election superintendent shall conduct that election on the date of the August, 1988, primary election. At least 30 days shall intervene between the date the election provided for in this section is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Bartow County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that effective January 1 of the following year vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bartow County during designated registration periods be approved?

Page 4102

All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become effective immediately; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Bartow County. The election superintendent of Bartow County shall hold and conduct the election and certify the results thereof to the Secretary of State and the Department of Revenue. 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 1988 session of the General Assembly of Georgia a bill to provide that vehicles shall be registered and licensed for the ensuing calendar year and thereafter in Bartow County during designated registration periods; and for other purposes. This 1st day of February, 1988. Boyd Pettit 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 Bartow County, on the following date: February 11, 1988. /s/ Boyd Pettit Representative, 19th District

Page 4103

Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. BIBB COUNTYBOARD OF COMMISSIONERS; REPEAL OF RECALL PROCEDURES. No. 971 (House Bill No. 1745). AN ACT To repeal an Act relating to procedures for recall of members of the board of commissioners of Bibb County, approved March 23, 1977 (Ga. L. 1977, p. 3255); 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 relating to procedures for recall of members of the board of commissioners of Bibb County, approved March 23, 1977 (Ga. L. 1977, p. 3255), is hereby repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 4104

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 application will be made to the 1988 Session of the General Assembly of Georgia for the introduction and passage of a bill to be entitled: AN ACT TO REPEAL AN ACT APPROVED MARCH 23, 1977 (GEORGIA LAWS 1977, PAGE 3255, ET SEQ.) RELATING TO PROCEDURES FOR RECALL OF MEMBERS OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY: TO PROVIDE AN EFFECTIVE DATE: TO REPEAL CONFLICTING ORDINANCES: AND FOR OTHER PURPOSES. Notice is further given that the General Assembly may amend the title and may also amend the substance of the legislation for which application is made in any manner which may be germane under the rules of the General Assembly. This 19th day of December, 1987. E. S. SELL JR. County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, 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 Telegraph and News which is the official organ of Bibb County, on the following date: December 19, 1987. /s/ Denmark Groover Representative, 99th District

Page 4105

Sworn to and subscribed before me, this 12th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. WALNUTGROVE-YOUTH WATER AUTHORITYNAME CHANGED TO WALTON COUNTY WATER AND SEWERAGE AUTHORITY; MEMBERSHIP; POWERS. No. 972 (House Bill No. 1735). AN ACT To amend an Act creating the Walnutgrove-Youth Water Authority, approved April 3, 1972 (Ga. L. 1972, p. 3623), as amended, so as to change the name of the authority; to provide for the membership of the authority; to provide for the selection, qualifications, and replacement of such members; to provide for the powers, including the addition of water impoundment and sewerage powers, of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Walnutgrove-Youth Water Authority, approved April 3, 1972 (Ga. L. 1972, p. 3623), as amended, is amended by striking everywhere the same shall appear in said Act the following: Walnutgrove-Youth Water Authority, and inserting in lieu thereof the following:

Page 4106

Walton County Water and Sewerage Authority. Section 2 . Said Act is further amended by striking from Section 2 of said Act all that follows the first sentence and inserting in lieu thereof the following: The authority shall consist of nine members, all of whom shall be residents of Walton County and none of whom shall hold any state or local elective or appointive public office and none of whom is required to be a user of the facilities of the authority. From and after July 1, 1988, the nine members of the authority shall consist of and be selected as provided in this section. The five members of the authority who are in office on July 1, 1988, shall continue to serve for the remainder of the terms for which they were appointed and until their successors are selected and qualified; the successor of the one such member whose term expires in 1989 and future successors shall be appointed by the governing authority of Walton County for a term of five years and until a successor is appointed and qualified; the successor of the one such member whose term expires in 1990 and future successors shall be appointed by the governing authority of Walton County for a term of five years and until a successor is appointed and qualified; the successor of the one such member whose term expires in 1991, the successor of the one such member whose term expires in 1992, and the successor of the one such member whose term expires in 1993 and their future successors shall be appointed by a majority vote of the users of the facilities of the authority, with each such user being entitled to one vote at the annual meeting of the users which is to be held each year in the month preceding the month in which such terms expire, for a term of five years and until their successors are appointed and qualified. No member appointed by Walton County or the users of the authority shall be a resident of the City of Monroe, the City of Loganville, or the City of Social Circle. In addition to the five members in office on July 1, 1988, effective July 1, 1988, the governing authority of Walton County shall appoint one member for a term of five years, the governing authority of the City of Monroe shall appoint one member for a term of five years, the governing authority of the City of Loganville shall appoint one member for a term of five

Page 4107

years, and the governing authority of the City of Social Circle shall appoint one member for a term of five years. Successors to the members appointed as provided in the preceding sentence shall be appointed by the respective governing authority making the original appointment for terms of five years and until their successors are appointed and qualified. Members appointed by the governing authority of a municipality need not be a resident of such municipality. Any member of the authority may be appointed to succeed himself. The authority shall select one of its members as chairman, one as vice-chairman, and one as secretary-treasurer, each of whom shall serve in such respective position for the succeeding year and until their successors are selected. Five members shall constitute a quorum. In the event of a vacancy for any reason, a replacement shall be appointed in the same manner as the vacated member was appointed for the remainder of the unexpired term. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall serve without compensation, but all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties from funds available to the authority. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence, and the Walton County Water and Sewerage Authority and the Walnutgrove-Youth Water Authority are the same authority regardless of the change in name and membership. The authority shall meet at least annually in the month of January in each year and at such other times as it may deem necessary. If the county or municipal governing authority or the users do not make an appointment within 30 days of the date a term expires or an appointment is to be made or a vacancy is created, the Walton County delegation of the General Assembly of Georgia shall, by majority vote, make such appointment. Section 3 . Said Act is further amended by striking subsection (b) and subsection (f) of Section 3 thereof and inserting in lieu thereof, respectively, the following: (b) The word `project' shall be deemed to mean and include the following:

Page 4108

(1) The acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers; (2) The acquisition, construction, equipping, creation, maintenance, and extension of any water impoundments, reservoirs, source-withdrawal facilities, or similar or related water-supply sources; (3) The acquisition, construction, equipping, creation, maintenance, and extension of any waste-water and sewerage collection and treatment systems, including all lines, processing plants and facilities, servicing systems, and all reasonably related functions and facilities; and (4) The provision by any means of water or sewerage services to users and consumers including but not limited to the State of Georgia, counties, and municipalities for the purposes of resale or processing, within and outside the territorial boundaries of Walton County, and additions and improvements to and extensions of facilities and the operation and maintenance of facilities so as to assure an adequate water-supply and water-distribution system and an adequate sewerage system. (f) The terms `users of the facilities' or `users' shall mean and include each person, firm, partnership, company, corporation, association, organization, municipality, county, school board, political subdivision, authority, or other entity to which water is supplied or sewerage services provided by the authority through the facilities of the authority and which actually makes payment to the authority for such water or sewerage services as are furnished by the authority. Section 4 . Said Act is amended by striking Section 4 thereof and inserting in lieu thereof the following: Section 4. Powers. The authority is authorized: (1) To have a seal and alter the same at pleasure;

Page 4109

(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights or easements therein, or franchises necessary for its corporate purposes and to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use or disposition of the same in any manner it deems to the best advantage of the authority, the authority having no power to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees including engineering, architectural, and construction experts, fiscal agents, and attorneys and to fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired; and any and all persons, firms, and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are 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

Page 4110

granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for terms not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Section 3 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof, including Walton County; (7) To make loans with, and accept loans and grants of money or materials or property of any kind from, the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To make loans with, and accept loans and grants of money or materials or property of any kind from, the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness, to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and to approve, execute,

Page 4111

and deliver appropriate evidence of any such indebtedness, which is not in conflict with the Constitution and laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act and to exercise any and all powers possessed by the authority on June 30, 1988. Section 5 . This Act shall become effective on July 1, 1988. 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the Walnut Grove-Youth Water Authority, Approved April 3, 1972 (Ga.L. 1972, P.3623), as amended; and for other purposes. This 10th day of February, 1988. /s/ Harrill Dawkins, Senator Tyrone Carrell Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: February 12, 1988. /s/ Tyrone Carrell Representative, 65th District

Page 4112

Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. HABERSHAM COUNTYMOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 973 (House Bill No. 1739). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Habersham County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Habersham County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . The election superintendent of Habersham County shall on the date of the November, 1988, state-wide general election conduct an election for the purpose of submitting this Act to the electors of Habersham County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to

Page 4113

be published once a week for two weeks in the official organ of Habersham County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Habersham County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. 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 are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Habersham County. The election superintendent of Habersham County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Legislation will be introduced in the 1988 session of the General Assembly of the State of Georgia to authorize the Tax Commissioner of Habersham County to use the Staggered system in the sale of Motor Vehicle tags and/or tag renewal decals and to provide a referendum to be placed on the ballot in the General Election in November 1988 for the approval or disapproval by the majority vote of the people. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HABERSHAM

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Before me, the undersigned, Notary Public, this day personally came Bobby E. Williams, who, being first duly sworn, according to law, says that he is the publisher of the Tri-County Advertiser official newspaper published at Clarkesville, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 21st 28th days of JANUARY, 1988. As provided by law. /s/ Bobby E. Williams Subscribed and sworn before me this 3rd day of FEB, 1988. /s/ Jane Long Bennett Notary Public, Georgia, State at Large My Commission Expires Oct. 28, 1988 (SEAL) Approved March 15, 1988. DEKALB COUNTYHOMESTEAD EXEMPTION; REFERENDUM. No. 974 (House Bill No. 1721). AN ACT To provide that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident; 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:

Page 4115

Section 1 . (a) Each resident of DeKalb County who is 65 years of age or over or who is disabled is granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the resident's homestead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, as now or hereafter amended, together with the net income of the resident's spouse and all other members of the resident's family who also reside at and occupy such homestead does not exceed $15,000.00 for the immediately preceding taxable year. (b) For the purpose of this section, net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum amount authorized to be paid to an individual and spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. In order to qualify for the exemption provided for in this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A qualified resident of DeKalb County shall not receive the benefits of the homestead provided for in this section unless the resident, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County giving the resident's age, or if disabled, the certificate or certificates provided for in subsection (b) of this section, the amount of income which the resident and the resident's spouse and other members of the resident's family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead

Page 4116

exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto; provided, however, that after any such resident has filed the proper affidavit and certificate or certificates if disabled, as provided in this section, and has been allowed the exemption provided in this section, it shall not be necessary that the resident make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such resident. It shall be the duty of any resident of DeKalb County who has claimed the homestead exemption provided for in this section to notify the tax commissioner in the event the resident becomes ineligible for any reason to receive such homestead exemption. The homestead exemption provided for in this section shall apply to all taxable years beginning on and after January 1, 1989. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's 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 INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1988 Session of the General Assembly to allow DeKalb County to raise the income limitations on elderly homestead exemptions, and for other purposes. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor L. Richardson, who, on oath, deposes and says that she is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following date: January 14, 1988. /s/ Eleanor L. Richardson Representative, 52nd District

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Sworn to and subscribed before me, this 11th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 15, 1988. CITY OF DALTONEASEMENT; GRANT. No. 975 (House Bill No. 1737). AN ACT To amend an Act providing a new charter for the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, so as to provide the authority to the governing body of such City to grant a permanent easement for the use of a certain specified air space as a pedestrian bridge by the Dalton-Whitfield County Hospital Authority, owner, and Hamilton Medical Center, Inc. d/b/a Hamilton Medical Center, lessee; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, is amended by adding a new Section 1-8 to read as follows: Section 1-8. Granting of Permanent Easement for Use of Air Space. The City of Dalton, hereinafter referred to as the `City' shall have the power to grant a permanent easement to the Dalton-Whitfield County Hospital Authority, owner,

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and Hamilton Medical Center, Inc. d/b/a Hamilton Medical Center, lessee, hereinafter referred to as the `Hospital' for the construction and use of a pedestrian bridge between two tracts of property over and across Broadrick Drive (a/k/a Georgia Avenue), said tracts being more particularly described as per Exhibit `A' attached hereto and incorporated herein by reference. EXHIBIT A TRACT I : All that tract or parcel of land lying and being in Land Lot No. 183 in the 12th District and 3rd Section of Whitfield County, Georgia, together with improvements thereon, being Lots Nos. 1 through 19, inclusive, Lots Nos. 32 through 36, inclusive, and the portion of Lot No. 31 not previously conveyed to the Georgia Forestry Commission, all of the Loner Field Subdivision, according to the plat of said Subdivision recorded in Plat Book 3, Page 97 (Plat Cabinet A, Slide 103) Whitfield County, Georgia Land Records, reference to which is hereby made. LESS AND EXCEPT any property conveyed to the City of Dalton as a right-of-way for Memorial Drive. TRACT II : All that tract or parcel of land, lying and being in the 12th District and 3rd Section of Whitfield County, Georgia, and being a part of Land Lot No. 183 thereof and more particularly described as Lots Nos. 105, 106 and 107 of the Loner Field Subdivision, according to a plat of said subdivision recorded in the Office of the Clerk of the Superior Court of Whitfield County, Georgia, in Plat Book 3, Page 97, which said plat and the record thereof reference is hereby made for a full and complete description of said lots, the same fronting 300 feet, more or less, on the west side of Georgia Avenue and running back in a westerly direction an equal and uniform width 280 feet, more or less. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended; and for other purposes. This 14th day of January, 1988. /s/ Jim Tyson Griffin Representative, 6th District /s/ Phil Foster Representative, District 6, Post 2 /s/ Tom Ramsey Representative, District 3 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Tyson Griffin, who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen-News which is the official organ of Whitfield County, on the following dates: January 22, 1988. /s/ Jim Griffin Representative, 6th District Sworn to and subscribed before me, this 9th day of February, 1988. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission Expires Dec. 19, 1988 (SEAL) Approved March 15, 1988.

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CITY OF DALLASNEW CHARTER. No. 976 (House Bill No. 1236). AN ACT To provide a new charter for the City of Dallas in Paulding County; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; 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 purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Incorporation and Powers Section 1.10 . Incorporation. The City of Dallas in Paulding 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 Dallas. References in this charter

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to the city or this city refer to the City of Dallas. The city shall have perpetual existence. Section 1.11 . City property. Title to any property, real or personal, within or without the corporate limits of said city, heretofore acquired by the City of Dallas, with or without proper charter authority, is vested in the City of Dallas created by this Act, the acquisition thereof being ratified and made lawful. The City of Dallas, created by this Act, is authorized and empowered to purchase, hold, rent, lease, and receive by gift or otherwise, and to enjoy, possess and retain, temporarily or permanently, any property, real or personal, of any kind whatsoever, either within or without the corporate limits of said city, for corporate purposes. Section 1.12 . Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date 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 city clerk and to be designated, as the case may be: official map or description of the corporate limits of the City of Dallas, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk. Section 1.13 . 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

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particular powers shall not be construed as limiting in any way the powers of the city. Section 1.14 . 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 other lawful purposes; (5) Municipal debts: to borrow money and issue bonds as authorized by general law; (6) 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; (7) Condemnation: to condemn property inside or outside the city for present or future use; (8) Municipal utilities: to acquire, lease, operate, and dispose of public utilities; (9) Public utilities: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (10) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights-of-way thereon; (11) 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;

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(12) Sidewalk maintenance: to require real estate owners to repair and maintain sidewalks adjoining their lands; (13) 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; (14) Planning and zoning: to provide for city planning by zoning, subdivision regulations, and the like; (15) Police powers: to exercise the police power for the public safety and well-being of the city; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards; (18) Pollution: to regulate emissions which pollute the air or water; (19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Garbage fees: to fix and collect garbage fees; (23) Sewer fees: to fix and collect sewer fees; (24) Water fees: to fix and collect water-use fees; (25) Nuisances: to define and provide for the abatement of nuisances; (26) Property protection: to preserve and protect the property of the city;

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(27) Prisoners: to provide for the public work by municipal prisoners and 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, offices, boards, 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 duly appointed policemen and to establish, operate, or contract for a police and a fire-fighting agency; (37) Emergencies: to provide for the determining, proclamation, and combating 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

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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 1.15 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city or its officers, agencies, or employees shall be carried into execution as provided by the Constitution of the State 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 in Article V of this charter. Section 2.11 . City council terms and qualifications for office. The mayor of the city shall serve for a term of four years and until his or her successor is elected and qualified. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or 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 qualifying for said position. The mayor and each council member shall continue to reside within the city limits proper during their period of service.

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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, relocation of residency outside the city limits proper, 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 shall be filled from the city council by election of one of its members, by majority vote, to serve until the next election where a mayor shall be elected to serve for the remainder of the unexpired term. (c) A vacancy in the office of one or more council members shall be filled by the mayor and city council by the election of any citizens of said city eligible to hold such office, who shall serve until the next election, to be held every two years, where a council member or members shall be elected to fill the remainder of the unexpired term. Section 2.13 . Compensation and expenses. (a) Until changed as provided in subsection (b) of this section, the mayor and city council 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 city council members may be changed by ordinance; but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted. (c) The mayor and city 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 city 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. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly engage in any business or transaction or have a financial or other personal

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interest, direct or indirect, which is incompatible 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. 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 of the powers of government as provided by Article I of this charter. Section 2.18 . Organization meeting. The city council shall meet for organization on the first Monday in January, 1989, and every two years thereafter, or as soon as practical. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear that I will faithfully perform the duties of mayor or city council member, as the case may be, of the City of Dallas, Georgia, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. The first organizational meeting may be the first regular meeting after adoption. Section 2.19 . Regular and special meetings. (a) The city council shall hold regular meetings at such times and locations as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice of any special meeting may be waived by a council member before or after such a meeting, and attendance at the meeting shall also constitute a waiver

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of notice on any business transacted in such council member's presence. Except where waived by all members, if 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 procedures 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 officers of the city council, committees, and committee chairpersons shall be appointed by the mayor with the approval of a majority vote of the city council. 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, but any such action must be with the approval of a majority vote of the city council. Section 2.21 . Quorum; voting. Three city 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 of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, 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 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 Dallas, Georgia, hereby ordains..... and every ordinance shall contain this enacting clause. (b) An ordinance may be introduced by any city council member, the mayor, or the city manager and read at any regular or special meeting of the city council.

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(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 city 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 service; or authorize the borrowing of moneys except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinance 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 in the 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 city clerk for distribution or for purchase at a reasonable price.

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Section 2.26 . Signing; authenticating; recording; codification; printing. (a) The city clerk shall authenticate by his or her signature and record in full in a properly identified book or file kept for the purpose all ordinances adopted by the city council. (b) All ordinances of the city having the force and effect of law, together with all amendments thereto and such codes of technical regulations and other rules and regulations that the city council may specify, shall be compiled, known, and cited officially as The Code of Ordinances of the City of Dallas, Georgia. Copies of the code shall be furnished to all officers, city council members, 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 practical 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. 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. Section 2.27 . Chief executive officer. The mayor shall be the chief executive officer of the City of Dallas, Georgia. He or she shall possess all of the executive powers granted to the city under the Constitution and laws of the State of Georgia and all the executive powers contained in this charter. Section 2.28 . Powers and duties of mayor. As the chief executive officer of the City of Dallas, the mayor shall: (1) See that all laws, ordinances, and duties of the city are faithfully executed; (2) Preside at all meetings of the mayor and city council and have the right to take part in the deliberations of said council 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 a public sale;

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(4) Be clothed with veto power as set out in this charter; (5) Keep the city 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 (6) Call the city council together at any time when deemed necessary by him or her. Section 2.29 . Mayor pro tempore. The mayor and city council shall elect by a majority vote from among the city council members a mayor pro tempore who shall assume the duties and powers of the mayor upon the mayor's disability or absence. Section 2.30 . Veto power. Every ordinance and resolution passed and every election of an officer or employee by the mayor and city council shall be subject to the veto of the mayor and 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 city 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 city 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 upon the minutes. ARTICLE III Administrative Affairs Section 3.10 . Administrative responsibility; powers. (a) Except as otherwise provided in this charter, all administrative functions shall be vested in the city manager. The mayor and city council shall deal solely through the city manager with the administrative services, and the departments, agencies, and functions committed to him or her by this charter, and no orders shall be given by the mayor or city council members to any subordinates of the city manager either publicly or privately or directly or indirectly.

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(b) The city manager is authorized and empowered to make and execute contracts within the scope of his duties as defined by this charter; provided, however, that any such contract, other than a contract of employment, must be approved by the mayor and city council when the consideration is over $500.00. (c) All disbursements of the city will require dual signatures by either the city manager, mayor, or city clerk. Section 3.11 . Appointment of city manager. The mayor and city council shall appoint a city manager to serve subject to the pleasure of the mayor and city council and shall fix the salary of the city manager. The city manager shall be chosen on the basis of his or her character and of his or her executive and administrative qualification, with special reference to his or her actual training and experience in and his or her knowledge of accepted practices of his or her duties. Section 3.12 . Removal of city manager. The mayor and city council may remove the city manager by majority vote with all members of the city council present. At least 30 days before such removal shall become effective, the mayor and city council shall by a majority vote adopt a preliminary resolution stating the reasons for this removal. The city manager may, within ten days, reply in writing and may request a public hearing. If one is requested, after full consideration, the mayor and city council members, by majority vote with all members present, may adopt a final resolution of removal. By the preliminary resolution, the mayor and city council may suspend the city manager from duty but shall pay him or her forthwith any unpaid balance of his or her salary for the next two calendar months following adoption of the preliminary resolution. Section 3.13 . Temporary city manager. If, on account of the temporary absence or disability of the city manager, it should be necessary in the judgment of the mayor and city council members to designate some person to serve as acting city manager during the temporary absence or disability of the city manager, the mayor and city council may execute one of three options: (1) The mayor may assume the responsibilities of the duties of the city manager until the city manager returns to his or her office;

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(2) The mayor and city council may appoint the city clerk to assume the responsibilities and duties of the city manager; or (3) The mayor and city council may appoint any qualified person to temporarily serve as city manager and fix his or her compensation. Section 3.14 . City manager, duties and powers. In addition to those elsewhere in this charter provided, the following powers are conferred on the city manager and the following duties are required of him or her: (1) He or she shall be the chief administrative officer of the city and head of the administrative branch of the city government; (2) He or she shall be responsible to the mayor and city council for the proper administration of the affairs committed to this charge; (3) He or she shall have the right to request the counsel, advice, or opinion of the city attorney and assistant city attorneys concerning any matter affecting the interest of the city; and it shall be their duty to respond to such request to the best of their abilities; (4) He or she shall have the power, subject to the approval of the mayor and city council, to change, consolidate, or abolish any of the offices, departments, or functions over which he or she exercises supervision and control, and create in lieu thereof such other offices, departments, and functions as he or she may deem best, which offices, departments, and functions when so created, shall be under his or her supervision and control as fully as if specified; (5) He or she shall have jurisdiction over, to remove when he or she deems it for the good of the city, all of the employees of each and every department of the city. However, the removal of any permanent employee shall be subject to the approval of the mayor and city council; (6) No claims against or in favor of the city shall be paid or collected without prior approval of the city manager;

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(7) All bonds required of the officers and employees shall be subject to the approval of the city manager; (8) He or she shall attend all meetings, stated and special, of the city council with the right to take part in the discussion, but not vote; (9) He or she shall have the right to recommend to the mayor and city council for its adoption such measures as he or she may deem necessary or expedient; (10) He or she shall see that all terms and conditions in favor of the city and its inhabitants in contracts with public utilities and others are faithfully kept and performed; (11) He or she shall prepare the budget of the city annually and submit it to the mayor and city council and be responsible for its administration after its adoption by the city council; (12) He or she shall have the power to investigate the affairs, records, accounts, and expenditures of the various commissions, boards, and agencies created either by ordinances of the mayor and city council or by Acts of the General Assembly of the State of Georgia relating to the affairs of the city and to report thereof at least once a year to the mayor and city council such matters in reference thereto as he or she deems advisable; (13) He or she shall keep the mayor and city council advised of the financial condition of the city and make such recommendations as may seem desirable to him or her; and (14) He or she shall perform such other duties as may be required of him by the mayor and city council, this charter, or by general state law. Section 3.15 . City attorney. The mayor shall appoint a city attorney, upon approval by the city council, together with such assistant city attorneys as may be authorized and shall provide for the payment of such attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which

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the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, city manager, 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 3.16 . City clerk. The mayor shall appoint a city clerk, upon approval by the city council, who shall not be a city council member. The city clerk shall be the custodian of the official city seal, maintain city council records and minutes as required by this charter, serve as the city treasurer, and perform other duties as may be required by the mayor, city council, or city manager. The city clerk should also be qualified to maintain and control the city's financial records and general bookkeeping. Section 3.17 . Police chief. The mayor shall appoint a qualified person to serve as chief of police of the City of Dallas, upon approval by the city council. The police chief will be responsible for the enforcement of the police powers of the city and shall perform the duties allocated to him or her by the mayor and city council, this charter, ordinances, and general state laws. He or she shall supervise and control all employees of the City of Dallas police department. Section 3.18 . Removal of city clerk, city attorney, or police chief. The procedures for removal of the city clerk, city attorney, or police chief shall be the same as those provided for the removal of the municipal court judge in Section 4.11 of this charter. Section 3.19 . Boards, commissions, and authorities. 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. All boards, commissions, and authorities should be bound by the following general regulations: (1) All members of boards, commissions, and authorities of the city shall be appointed by the mayor, upon approval

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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; (2) 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; (3) Except as specifically authorized by general law, no member of any board, commission, or authority shall hold any elective office in the city; (4) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter, by general law, or by ordinance; (5) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor; (6) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the city council; (7) 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 chairperson and one member as vice-chairperson and one member as secretary; and (8) 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, subject to approval of the mayor and the city council.

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Section 3.20 . 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 of which layoff shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV Judicial Branch Section 4.10 . Creation; name. There shall be a court to be known as the Municipal Court of Dallas, Georgia. 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. (c) Compensation of the judges shall be fixed by ordinance.

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(d) Judges may be removed for cause from office 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 provided by ordinance. Section 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of all city ordinances and state offenses as provided by state law. (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. (c) The municipal court may fix punishment for misdemeanor offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 360 days or both, or any part of the maximum fine or imprisonment, or may sentence any offender upon conviction to labor for the city on the streets, sidewalks, square, or other public places for a period not exceeding 360 days. 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 Paulding 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 municipal court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed

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with the city clerk, shall be available for public inspection, and, upon request, 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 Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.11 . Regular elections; time for holding. (a) On the first Wednesday in September, 1989, and on that day every two years thereafter, there shall be an election for successors to the city 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. (b) The mayor shall be elected in 1991, and every four years thereafter. (c) The city council members from ward one, ward three and one council member at large shall be elected in 1989, and every four years thereafter. (d) The city council members from ward two, ward four and one council member at large will be elected in 1991, and every four years thereafter. (e) The mayor and city 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 . Nonpartisan election. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 5.13 . Election by majority. (a) The person receiving a majority of the votes cast for any city office shall be elected.

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(b) In the event that no candidate receives a majority of the votes cast, then a run-off election will be held in accordance with ordinance and Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. (c) In the event that there is a tie vote between the two candidates receiving the most votes, then a special election will be held in accordance with ordinances and Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. 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 at 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 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 . Licenses; permits; fees. The city council, by ordinance, shall have the power to require any individuals or corporations who transact business in the City of Dallas or who practice or offer to practice a 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 to preclude city regulation. Such fees, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.

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Section 6.13 . 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 companies, 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 6.14 . Service charges. The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for water, 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 6.17 of this charter. Section 6.15 . Special assessments. The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.17 of this charter. Section 6.16 . Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the City of Dallas to govern its local affairs. Section 6.17 . 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 which are not precluded by general state law. This shall include providing for the dates when taxes or fees are due, late penalties or interest, issuance and execution of Fi. Fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardships, and providing for the assignment or transfer of tax executions.

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Section 6.18 . 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 6.19 . 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 6.20 . Short-term loans. Any short-term loan obtained by the city must be repaid by the end of the City of Dallas' fiscal year of the year in which the loan was obtained unless otherwise provided by state law. Section 6.21 . 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 department, office, agency, and activity of the city government, unless otherwise provided by general state or federal law. Section 6.22 . Action by city council on budget. (a) The city council shall adopt and may thereafter amend an annual budget, except that the budtet 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 their 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 year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues

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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 6.23 . Tax levies. As soon as possible after 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 governemnt of the city. Section 6.24 . 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. Section 6.25 . 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 6.26 . Contracting procedures. No contract with the City of Dallas shall be binding upon the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city manager and the city attorney; and (3) It is made or authorized by the city council and such approval is entered in the city council minutes.

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Section 6.27 . Centralized purchasing. The city council may prescribe procedures for a system of centralized purchasing for the city. Section 6.28 . 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 quit claim any rights it may have in property not needed for public purposes upon a report by the mayor or city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city 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 cutoff or separated parcel or tract of land to and abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place or in settlemetn of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances 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 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

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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 . Severability. If, for any reason, any section, provision, clause, sentence, phrase, word, or part of this charter shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause, or part of this charter which is not in and of itself unconstitutional or invalid, and the remaining portions of this charter shall be enforced without regard to the provisions, clause, or part so held to be invalid or unconstitutional. Section 7.14 . Specific repealer. An Act incorporating the City of Dallas, Georgia, in Paulding County, Georgia, approved March 6, 1956 (Ga. L. 1956, p. 2947), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.15 . Effective date. This Act shall become effective on July 1, 1988. Section 7.16 . General repealer. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention of Introduce Local Legislation Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide a new charter for the City of Dallas; and for other purposes. This 4th day of January, 1988. L. Charles Watts, District 41

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Charles Watts, who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following date: January 7, 1988. /s/ L. Charles Watts Representative, 41st District Sworn to and subscribed before me, this 11th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. RICHMOND COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 977 (House Bill No. 1478). AN ACT To provide a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Richmond County School District, including but not limited to taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40. (3) Income means net income from all sources but shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system except such income which is in excess of the maximum amount authorized to be paid to an individual and that person's spouse under the federal Social Security Act. (4) Senior citizen means a person who is 65 years of age or over. Section 2 . Each resident of the Richmond County School District who is a senior citizen is granted an exemption on that person's homestead from all Richmond County School District ad valorem taxes for educational purposes for the full value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $10,000.00 for the immediately preceding taxable year. Section 3 . The tax commissioner of Richmond County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption

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under this Act to notify the tax commissioner of Richmond County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Richmong County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Richmond County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1988, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective

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and this Act shall be authomatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Richmond County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia an Act to provide Homestead Exemption for Senior Citizens of Richmond County; to provide definition of Senior Citizen; to provide eligibility for Homestead Exemption; to provide the amount of Homestead Exemption; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 4th day of January, 1988. ROBERT C. DANIEL, JR. County Attorney for Richmond County, Georgia Jan. 11, 1988 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Walker, who, on oath, deposes and says that he is Representative from the 85th 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 date: January 11, 1988. /s/ Charles W. Walker Representative, 85th District

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Sworn to and subscribed before me, this 26th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CHATHAM COUNTY AND ALL MUNICIPALITIES LOCATED THEREINDETERMINATION OF MILLAGE RATES. No. 978 (House Bill No. 1533). AN ACT To provide for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, all municipalities within Chatham County which levy ad valorem property taxes, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the chief tax assessor of Chatham County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide for the mailing of notices in lieu of publication; to provide the procedure for adopting the ordinance or resolution; to provide for notice of available homestead exemptions from ad valorem taxes; 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 term:

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(1) Ad valorem tax or property tax means a tax imposed upon the assessed value of property. (2) Governing authority means that official or group of officials responsible for governance of a taxing jurisdiction. (3) Mill means one one-thousandth of a United States dollar. (4) Millage or millage rate means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the county's or municipality's expenses for its fiscal year. (5) Taxing jurisdiction means Chatham County, the various municipalities of Chatham County, or the independent school system of Chatham County and the City of Savannah. Section 2 . The chief tax assessor of Chatham County shall forward tax digests to the governing authorities of each taxing jurisdiction within Chatham County. The chief tax assessor shall certify: (1) The assessed taxable value of all property which is subject to taxation within the taxing jurisdiction; (2) A statement of the assessed taxable value of all new construction and additions and structures added to and deleted from the digest for that year; and (3) Instructions to the governing authority describing the method to compute a millage rate which, exclusive of new construction, additions, deletions, and property added or deleted due to geographic boundary changes, will provide the same ad valorem tax revenue for the taxing jurisdiction as was levied during the prior year. For purposes of this paragraph, new construction shall mean structures which were not in existence on the assessment date of the prior year's tax digest, additions shall mean the improvements added to real property since the assessment date of the prior year's tax digest, and deletions shall mean structures destroyed or otherwise removed from real property since the assessment date

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of the prior year's tax digest. For computation purposes, the governing authority shall utilize the digest amount so determined after adjusting for new construction, additions, deletions, and property additions or deletions due to boundary changes. The millage rate so determined shall be termed the roll-back rate. Section 3 . (a) No millage may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this section. Whenever a governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this subsection. (b) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so and meet again to adopt its ordinance or resolution establishing a millage rate in excess of the roll-back rate. The meeting shall be held not later than two weeks following the date when the proposed millage rate was determined. (c) Not later than one week prior to final consideration of the proposed millage rate, the governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the affected taxing jurisdiction, which shall read as follows: NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time) .

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A FINAL DECISION on the proposed tax increase will be made at this hearing. (d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. In lieu of publication of the notice required in this section, the governing authority may mail a copy of the notice to each elector residing within the taxing jurisdiction. (e) At the final hearing, the millage rate shall be adopted. The ordinance or resolution shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as established pursuant to subsection (b) of this section. (f) Any notice or hearing required under this section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of subsections (a) and (c) of this section. (g) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Code Sections 48-5-271 and 48-5-272 shall not require new advertisement and hearings as required in this section. Section 4 . The chief tax assessor of Chatham County shall, in the period from January 1 through March 31 of each year, place a notice in a newspaper of general circulation in the county, which notice shall inform the residents of Chatham County and all municipalities in the county of the various homestead exemptions from county, municipal, and school district ad valorem taxes available and shall specify the qualifications for eligibility for such exemptions. The notice required by this section shall be published for at least six consecutive days during such period. Section 5 . Nothing contained in this Act shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate. Section 6 . This Act shall become effective January 1, 1989.

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Section 7 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says: That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Jan. 20, 1988, and finds that the following Advertisement, to-wit: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide for procedures to be used in determining the millage rates for ad valorem taxation for Chatham County, the City of Savannah, and the independent school system of Chatham County and the City of Savannah; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 18th day of January, 1988. DeWayne Hamilton appeared in each of said editions. /s/ Gene Stewart (Deponent)

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Sworn to and subscribed before me this 20 day of Jan., 1988. /s/ Diane M. Strickland Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 (SEAL) Approved March 24, 1988. COBB JUDICIAL CIRCUITDISTRICT ATTORNEY; COUNTY SUPPLEMENT; ASSISTANTS AND INVESTIGATORS. No. 979 (House Bill No. 1633). 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 March 25, 1986 (Ga. L. 1986, p. 4726) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5354), so as to change the county supplement for the district attorney; to change then number of investigators; to change the number of assistant district attorneys; to change the provisions relative to the compensation of the chief investigator; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4726) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5354), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:

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Section 4. (a) The offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are created. (b) In addition to the salary payable from state funds, the district attorney of the Cobb Judicial Circuit shall receive a county supplement of $18,780.00 per annum, payable in equal monthly installments out of the funds of Cobb County. The district attorney of the Cobb Judicial Circuit may not engage in the private practice of law in any 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 the district attorney's name appears as counsel of record and which were filed prior to assuming the office of district attorney of the Cobb Judicial Circuit. Section 2 . Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. Said district attorney is authorized to appoint seven investigators, for the 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 as a sheriff to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer; and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. One of the investigators shall be designated the chief investigator, and his duties shall include supervision of the remaining investigators and such other duties as may be assigned by the district attorney. The chief investigator shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $46,612.80 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. The remaining investigators shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $31,678.00 per annum, the exact amount to be

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determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County. Section 3 . Said Act is further amended by striking Section 4B in its entirety and substituting 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, 12 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. All assistant district attorneys shall be compensated in the sum of not less than $19,185.00 nor more than $51,750.00 per annum, except that the chief assistant district attorney shall receive no more than $54,000.00 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 any of the assistant district attorneys, the amount of state compensation shall be deducted from the total salary paid from the general funds of Cobb 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 such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is hereby given that there will be introduced at the January, February 1988 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 compensation of assistant district attorneys; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 8th day of Jan. 1988 /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephen P. 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 date: January 8, 1988. /s/ Stephen P. Thompson Representative, 20th District

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Sworn to and subscribed before me, this 3rd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. DEKALB COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 980 (House Bill No. 1646). AN ACT To provide that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident; 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 . (a) Each resident of the DeKalb County School District who is 65 years of age or over or who is disabled is granted an exemption from all DeKalb County School District ad valorem taxes in the amount of $14,000.00 of the value of the resident's homestead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, as now or hereafter amended, together with the net income

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of the resident's spouse and all other members of the resident's family who also reside at and occupy such homestead does not exceed $15,000.00 for the immediately preceding taxable year. (b) For the purpose of this section, net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum amount authorized to be paid to an individual and spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. In order to qualify for the exemption provided for in this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A qualified resident of the DeKalb County School District shall not receive the benefits of the homestead provided for in this section unless the resident, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County giving the resident's age, or if disabled, the certificate or certificates provided for in subsection (b) of this section, the amount of income which the resident and the resident's spouse and other members of the resident's family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto; provided, however, that after any such resident has filed the proper affidavit and certificate or certificates if disabled, as provided in this section, and has been allowed the exemption provided in

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this section, it shall not be necessary that the resident make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such resident. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for in this section to notify the tax commissioner in the event the resident becomes ineligible for any reason to receive such homestead exemption. The homestead exemption provided for in this section shall apply to all taxable years beginning on and after January 1, 1989. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident? 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

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on such question are for approval of the Act, it shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's 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 INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that legislation will be introduced during the 1988 Session of the General Assembly to allow DeKalb County to raise the income limitations on elderly homestead exemptions, and for other purposes. Manuel J. Maloof Chief Executive Officer 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, Gerald Wm. Crane, Co-publisher 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 - raise income limitations a true copy of which is hereto annexed, was published in said newspaper in its issue of the 14th day of January 1988. /s/ Gerald W. Crane, Co-Publisher (by) /s/ Linda L. Orr, Agent

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Sworn to and subscribed before me this 14th day of January, 1988. /s/ Janet K. Simpson Notary Public My Commission expires June 4, 1990 (SEAL) Approved March 24, 1988. CITY OF ATLANTAURBAN ENTERPRISE ZONES AUTHORIZED. No. 981 (House Bill No. 1634). 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 provide for all matters relative to the foregoing; to provide for effect on certain prior laws, ordinances, resolutions, or actions; to provide for the specific repeal of certain local Acts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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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 housing units, jobs, trade, provision of services, and other economic activities which individually and together contribute to a healthy society. This lack of private investment, economic activity, and housing 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 by developing housing units, creating jobs and trade, providing services, and by other economic activities. 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. 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 educational purposes.

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(6) Commercial purposes means property used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, central business district, or other commercial or business use which does not include residential use. (7) Conversion means the creation of new dwelling units from property previously nonresidential. (8) County means Fulton County. (9) County purposes means purposes of the county but including neither school nor educational purposes. (10) 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. (11) Historic multifamily structure means a structure which has historically been used principally for multifamily residential purposes. (12) Industrial purposes means property used for industrial purposes exclusive of commercial purposes and residential purposes. (13) Inventories means property described in subsection (a) of Section 7 which may be exempt from ad valorem property taxes. (14) MARTA station means Metropolitan Atlanta Rapid Transit Authority station. (15) 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. (16) Real property means land and improvements thereon.

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(17) Residential purposes means improvements to property undertaken to provide single-family or multifamily dwelling units for rent or sale; such purposes to include new construction, conversion, or rehabilitation. (18) Taxable property means real or personal property subject to ad valorem property taxes. (19) 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. (c) Urban enterprise zones may be created for commercial and industrial purposes or for residential purposes. If the zone is for residential purposes, only real property or improvements thereon may be exempted, as provided in paragraph (2) of subsection (a) of this section and subsection (b) of Section 8. Section 5 . (a) Zones for commercial or industrial purposes may only be created in an area of the city composed of

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census tracts as defined in the United States decennial census of 1980 or most recent census, where: (1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole; (2) The percentage of persons in that census tract who were in the labor force and did not work was at least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole; (3) The percentage of total jobs lost in that census tract for a specified consecutive five-year period was at least double the percentage of total jobs lost for such period for Fulton County as a whole; or (4) Any census tract contiguous to an otherwise eligible census tract, as determined by paragraph (1), (2), or (3) of subsection (a) of this section, 51 percent of which contains underutilized open lots or parcels of land or structures or buildings of relatively low value, as compared to the value of structures or buildings in the whole census tract, or which is development impaired by airport and/or related transportation noise or related environmental factors or by any combination of the foregoing factors. (b) A zone for residential purposes 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 or most recent census: (1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole; (2) The percentage of persons in that census tract who were in the labor force and did not work was at least double

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the percentage of persons who were in the labor force and did not work for Fulton County as a whole; or (3) The total number of persons residing in each census tract was less than 1,000 persons. (c) (1) A zone for industrial purposes may not be less than 50 acres in size. (2) A zone for commercial purposes may not be less than 15 acres in size. (3) A zone for residential purposes may not be less than five acres in size, except: (A) When the proposed zone is within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of 2.5 acres will be required; or (B) When the proposed zone contains a historic multifamily structure, which structure is suitable for rehabilitation/renovation and can provide a minimum of four multifamily housing units, in which case there will be no minimum acreage required. (d) A zone may extend into a census tract which does not comply with the requirements of subsection (a) or (b) of this section if at least 75 percent of the expanded zone would comply with the requirements of subsection (a) or (b) of this section. (e) An existing commercial, industrial, or housing purpose zone may be amended to add additional land to the zone, provided that: (1) The area to be added complies with the requirements of subsections (a) or (b) and (d) of this section; and (2) The area to be added is at least ten acres in size for commercial and industrial purposes, or one acre in size for residential purposes, and further, that all land is vacant. Notwithstanding the date of expansion of the existing zone, the schedule of abatements for the area added to the existing

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zone shall coincide with the schedule of abatements for the existing zone. Section 6 . (a) Notice of a public hearing and intent to create an enterprise zone shall be published twice by the city in a newspaper of general circulation at least 14 days prior to the date of the public hearing. All property owners within the proposed zone shall be notified in writing by the city. (b) After the public hearing, 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. (c) A copy of the ordinance or resolution creating, abolishing, or decreasing in size a zone for commercial and industrial purposes or creating exemptions in such zone shall be transmitted to the tax commissioner of Fulton County, the Joint City/County Board of Tax Assessors, and to the Department of Community Affairs of the State of Georgia within 30 days after its passage. (d) A copy of the ordinance or resolution creating a zone for residential purposes or creating exemptions in such zone shall be transmitted to the tax commissioner of Fulton County, the Joint City/County Board of Tax Assessors, and to the Department of Community Affairs of the State of Georgia within 30 days after its passage. Section 7 . (a) Exemptions from ad valorem taxation of inventories within a zone created for commercial and industrial purposes 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

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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 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 Joint City/County Board of Tax Assessors 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

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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) For zones created for commercial and industrial purposes: (1) Real property in a zone which is exempt from ad valorem taxation under this Act shall be exempt for 100 percent of its taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of its taxable value for the next five years, 60 percent of its taxable value for the next five years, 40 percent of its taxable value for the next five years, and 20 percent of its taxable value for the last five years; (2) Inventories in a zone which are exempt from ad valorem taxation under this Act shall be exempt from 100 percent of their taxable value for 25 years after the creation of that zone; (3) 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; (4) Except as provided in paragraph (3) of this subsection, 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; and (5) The amount of the exemption for property in a zone may not be changed and the type of property subject to an

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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 subsection. (b) For zones created for residential purposes: (1) (A) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of new construction or conversion shall be exempt for 100 percent of its taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year. (B) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of rehabilitation shall be limited to the value of improvements added to the existing structure after the creation of the zone and the value of the land in accordance with paragraph (3) of this subsection. At such time as the value of the improvements added exceed the value of the land, as of the date of the creation of the zone, by a factor of eight or more, then the full value of the improvements added shall be eligible for the exemption granted under this Act. Said real property in such zone shall be exempt in accordance with the following schedule: 100 percent of its taxable value for the first five years after the creation of the zone, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year. (2) A zone shall exist for ten years after the effective date of its creation and at the end of this period the zone and all exemptions established therein pursuant to this Act shall be abolished. (3) Any tax exemptions granted under this Act shall be restricted to residential purpose improvements made

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after the effective date of the creation of the zone. If the value of the improvements exceed the value of the land as of the date of the creation of the zone by a factor of eight or more, then the full value of the real property shall be eligible for the exemption granted under this Act. In cases where local zoning allows for mixed use development on property included in a zone for residential purposes, the creation of the zone for residential purposes is not intended to discourage or prohibit development of other locally permissive or permitted uses. However, nonresidential uses of property will not be exempted from ad valorem taxation where found to exist or as may be developed in any zone for residential purposes created pursuant to this Act. (4) The determination of whether or not a structure qualifies as an historic multifamily structure shall be based upon a plan for historic preservation which contains standards and criteria for such determination and which plan has been duly adopted by the city council. Further, all rehabilitation improvements to any historic structure shall be consistent with Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings issued by the Secretary, U.S. Department of the Interior, as revised 1983 or as subsequently amended. (5) A zone for residential purposes shall not be abolished or reduced in size nor shall the amounts of exemptions from ad valorem taxation be altered by action of the city council or board of commissioners after adoption of a resolution or ordinance creating the zone. (6) Notwithstanding paragraph (3) of this subsection, subsequent to the creation of a zone, should the use of property therein be converted to a use other than completely for residential purposes, any exemption from ad valorem taxation under this Act shall cease as of the date the use of the property was converted. Section 9 . (a) 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

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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 purposes and 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. (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 inventory may be granted unless application by the owner thereof is filed with the Joint City/County Board of Tax Assessors on or before April 1 of the year for which the exemption is sought. The application shall contain such information as the board may require, including, but not limited to, the value of all such inventory for which the exemption is sought. The board shall determine the value of any exemption granted under this section. 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.

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Section 12 . The clerk of council shall annually submit a report to the board of commissioners, the Department of Community Affairs of the State of Georgia, 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; (4) For zones created for commercial and industrial purposes, 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; and (5) For zones created for residential purposes, the current number of housing units and types of housing units in each zone as compared to the number and types of housing units upon the effective date of the creation of that zone. Section 13 . The city council may authorize the promulgation of rules and regulations to carry out the purposes and intent of this Act. Section 14 . Any and all laws, ordinances, and resolutions approved, or any other actions taken by the City of Atlanta pursuant to the Acts enumerated in Section 15, shall not be invalidated by the repeal of said Acts. Section 15 . An Act providing for urban enterprise zones in the City of Atlanta, approved March 16, 1983 (Ga. L. 1983, p. 4097), as amended, is repealed in its entirety. Section 16 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill to amend an Act providing for urban enterprise zones in the City of Atlanta, approved March 16, 1983 (Ga. L. 1983, p. 4097), as amended by an Act approved March 28, 1986 (Ga. L. 1986, p. 5346) and as amended by an Act approved March 26, 1987 (Ga. L. 1987, p. 4789); and for other purposes. This 18th day of January, 1988. W. M. Alexander Legislative Coordinator City of Atlanta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Holmes, who, on oath, deposes and says that he is Representative from the 28th 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 date: January 19, 1988. /s/ Bob Holmes Representative, 28th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF WAYCROSSMAYOR; ELECTION; TERMS; DUTIES. No. 982 (House Bill No. 1879). AN ACT To amend an Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5105), so as to provide for the office of mayor; to provide that the mayor shall be elected from the city at large by plurality vote; to provide for terms and qualifications; to provide for powers and duties; to provide for elections; to provide for implementation; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5105), is amended by striking in its entirety Section 9.1 and inserting in its place a new section to read as follows: Section 9.1. (a) Notwithstanding any other provision of this charter or amendatory Acts thereto, there shall be a mayor of the City of Waycross elected by the qualified electors of the city at large, by a plurality of the votes cast, as provided in this section. (b) The election superintendent of the City of Waycross shall call and conduct as provided by law a special election for mayor to be held in conjunction with the November, 1988, general election. The person elected shall take office upon certification of the results of the election for a term to expire on December 31, 1991, and until a successor is elected and qualified. Thereafter, the mayor shall be elected by plurality vote at the city election next preceding the expiration of a term of office and shall take office on January 1 following

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the election for a term of four years and until a successor is elected and qualified. (c) (1) The qualifications for the office of mayor shall be the same as for members of the commission, provided that the mayor must be a resident of the City of Waycross and provided that no person shall be eligible to succeed himself or herself in the office of mayor more than once. (2) All persons residing in the city who are qualified and registered to vote for members of the commission shall be eligible to vote for the mayor. (d) The mayor shall be the official head of the city government and chief representative of the city, and it shall be the mayor's duty: (1) To preside at meetings of the commission, and he shall have all the rights, powers, and duties and responsibilities as a commission member except that the mayor shall be entitled to vote on matters before the mayor and commission only where there is an equal division on the question, and then the mayor shall determine the matter by his vote. The mayor shall also be entitled to vote on the election of the following officers and employees of the commission: mayor pro tempore, city manager, city attorney, and recorder; (2) As provided by law or by action of the commission, to sign contracts on behalf of the city in the absence of the city manager; (3) To keep informed about the financial and other affairs of the city and, from time to time, to present information about the affairs of the city and to recommend such measures as deemed best for the city, including statements and reports to the citizens concerning the affairs of the city; (4) To serve as a member of boards, commissions, and committees required by law or by action of the commission; (5) To be recognized as the official head of the city by the courts for the purpose of serving civil process, by

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the Governor for the purpose of military law, and for all ceremonial purposes. In time of danger or emergency, the mayor may, with the consent of the commission, take command of the police and govern the city by proclamation and maintain order and enforce laws; and (6) To perform such other duties consistent with this charter and as may be required by the commission. (e) (1) The presence of the mayor at a meeting of the commission shall not be utilized in determining a quorum. (2) A vacancy in the office of mayor shall be filled as a vacancy in the office of a member of the commission except that an election to fill a vacancy in the office of mayor shall be by plurality vote. (3) In the absence of the mayor, the members of the commission shall designate one of their number to act as mayor pro tempore. Such member shall possess the authority of the mayor during the absence of mayor. (4) The salary of the mayor shall be as provided in Section 9 of this charter. Such salary shall not be decreased during a term of office. (f) Unless enumerated in this section or otherwise in this charter, the mayor shall have no other administrative or judicial powers. The mayor shall not possess the veto power over acts of the commission. Section 2 . Sections 10 and 11 of an Act amending the charter of the City of Waycross, approved August 16, 1922 (Ga. L. 1922, p. 1087), are repealed in their entirety. The mayor in office on the effective date of this Act shall serve until a mayor is elected as provided in Section 1 of 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 given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend

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an Act creating a charter for the City of Waycross, approved of the 17th of August, 1909 (Ga. L. 1909, P-1456), as amended, to provide for related matters, and for other purposes. Rep. Harry D. Dixon District 151 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald which is the official organ of Ware County, on the following date: February 20, 1988. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CATOOSA COUNTYBOARD OF COMMISSIONERS; CREATION; DISTRICTS; ELECTIONS; TERMS; REFERENDUM. No. 983 (House Bill No. 1775). AN ACT To amend an Act creating the office of Commissioner of Catoosa County, approved February 12, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4290), so as to provide for a board of commissioners; to provide for the election of board members from districts by residents of such districts; to provide for commissioner districts; to provide for terms; to provide for compensation of its employees; to provide for meetings of the board; to provide for paying the cost of certain insurance for county employees and elected officials; to provide for continuation of participation of such employees and officials in such program of insurance under certain conditions; to provide for all related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the office of Commissioner of Catoosa County, approved February 12, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4290), 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 Catoosa County. The board shall be composed of five members, one from each district as defined in Section 2 of this Act. The member elected from Commissioner District 5 shall be the chairman. (b) To be eligible to offer for election to the board, a person must reside within the district from which he or she

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offers and shall be in all other respects qualified to hold public office in this state. Upon election, if a member moves such member's residence from the district from which elected, such member's position shall automatically become vacant. (c) Only the qualified electors of a district shall be entitled to vote for candidates seeking office from such district. Election of a member from a district shall be solely by the qualified voters who reside in such district except that the member elected from Commissioner District 5 shall be elected by the voters from the entire county. 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) For the purpose of electing members of the board of commissioners, Catoosa County shall be divided into five commissioner districts as follows: Commissioner District 1 Catoosa Tract 304 Block 339 Tract 306 Blocks 113 through 117, 119, 120, 122 through 128, 138, 146 through 148, 152, 164, 166, 167, and 199 Blocks 222, 223, 228, 229, 231, 232, 242, 244, 245, and 199 Blocks 301 through 303, 305 through 307, 310, 320 through 324, 338, 340, 342, and 343 Tract 307 Blocks 101, 107, 108, 110, 111, and 113 That part of Block 120 inside the City of Fort Oglethorpe Blocks 121, 122, 133, 138, and 139 That part of Block 140 inside the City of Fort Oglethorpe Blocks 142, 143, and 154 through 166 That part of Block 201 inside the City of Fort Oglethorpe

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Blocks 202 through 204, 206 through 208, 211, 214 through 217, 219 through 224, 244 through 246, 248, 249, 252, 262 through 266, 268, 269, and 271 through 276 That part of Block 277 inside the City of Fort Oglethorpe Block 297 Blocks 306 and 308 through 316 That part of Block 319 inside the City of Fort Oglethorpe Blocks 320 through 331 and 341 through 343 Commissioner District 2 Catoosa Tract 303 That part of Block 101 south of the Georgia Power line Tract 302 Blocks 510 through 512 Tract 303 Blocks 102 through 114 Blocks 415, 416, and 418 through 424 Blocks 513 through 525 Tract 304 Blocks 203, 204, 207, 210, 212 through 214, and 235 through 242 Blocks 332 through 338 Blocks 401 through 431 Blocks 502 through 515 Tract 307 Those parts of Blocks 120 and 140 outside the City of Fort Oglethorpe Those parts of Blocks 201 and 277 outside the City of Fort Oglethorpe That part of Block 319 outside the City of Fort Oglethorpe Blocks 401 through 420 Commissioner District 3 Catoosa Tract 302 Blocks 104 through 107

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That part of Block 108 west of Ross Hollow Branch Blocks 112 through 117 Blocks 501 through 505 That part of Block 506 west of Ross Hollow Branch Block 509 Tract 304 Block Group 1 Blocks 215, 218, 219, 221, 243, and 244 Blocks 312 and 314 through 331 Tract 305 Tract 306 Blocks 101 through 107 Blocks 311, 312, 315, 316, 325 through 327, and 339 Block Group 4 Commissioner District 4 Catoosa Tract 301 Tract 302 Blocks 101 through 103 That part of Block 108 east of Ross Hollow Branch Blocks 109 through 111 Block Groups 2 and 3 That part of Block 506 east of Ross Hollow Branch Blocks 507 and 508 Tract 303 That part of Block 101 north of the Georgia Power line Blocks 401 through 414 and 417 Tract 304 Blocks 301 through 310 and 313 Block 501 Commissioner District 5 The entire geographic area of Catoosa County (b) For the purposes of this section:

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(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) Any part of Catoosa 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 3 . Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. At the general election to be held in November, 1992, there shall be elected the five members of the board of commissioners from the districts described in Section 2 of this Act. The members from Districts 2 and 4 shall take office on January 1 following their election and shall serve for terms of two years and until their successors are elected and qualified. The members elected from Districts 1, 3, and 5 shall take office on January 1 following their election and shall serve for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election next preceding the expiration of terms of office and shall take office on January 1 following the election for terms of four years and until successors are elected and qualified. Section 4 . Said Act is further amended by adding a new Section 3A to read as follows: Section 3A. On and after January 1, 1993, any reference in this Act to the commissioner shall mean the Board of Commissioners of Catoosa County as provided for in this Act. Section 5 . Said Act is further amended by striking subsection (b) of Section 9 of said Act in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) The commissioner may employ one administrative assistant. The salary of such assistant shall be as established by the commissioner but shall not exceed $33,500.00 per year. The commissioner may also employ clerical assistants. The salaries of such assistants shall be determined by the commissioner but the total amount of such salaries shall not exceed $45,000.00 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. Section 6 . Said Act is further amended by inserting a new Section 9A to read as follows: Section 9A. (a) Each member of the Board of Commissioners of Catoosa County shall receive an annual salary of $4,800.00 to be paid in equal monthly installments from the funds of Catoosa County. The chairman of the board shall receive an annual salary of $6,500.00 to be paid in equal monthly installments from the funds of the county. The members and chairman of the board shall also be reimbursed by the county for their actual expenses they may incur in the performance of the official duties of their office. (b) The board shall maintain an office at the courthouse to be kept open from 9:00 A.M. to 5:00 P.M. Monday through Friday, except holidays. (c) The board of commissioners shall meet on the first Tuesday of every month at the courthouse. The board shall have the right to hold special sessions when, in its discretion, the business of the county may require. Special sessions shall be called by the chairman or by a majority of the board, provided that each board member shall be personally notified not less than 72 hours prior to any such special meeting. Three members of the board shall constitute a quorum at any regular or special session of the board. Section 7 . Said Act is further amended by striking Section 11A of said Act in its entirety and inserting in lieu thereof a new Section 11A to read as follows: Section 11A. (a) The commissioner shall provide hospitalization insurance for all employees, including elected

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officials, whose salaries are paid from county funds. The entire cost of such insurance for individual coverage of such employees and officials shall be paid from county funds. Fifty percent of the cost of such insurance for family coverage for such employees and officials shall be paid from county funds and 50 percent of the cost of such insurance for family coverage shall be paid by the employee or official. The commissioner may, however, continue paying from the county treasury the entire cost of hospitalization insurance for persons employed in positions for which hospitalization insurance has been provided entirely from county funds prior to July 1, 1973. (b) Any employee of the county, including elected officials, may continue to participate in the hospitalization insurance program after leaving county employment or after ceasing to hold such public office if: (1) Such person was employed by the county or served in such office for at least 15 years; and (2) Such person pays to the county the full cost of such insurance in advance. Section 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Catoosa County for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Catoosa County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the election of a board of commissioners from districts in Catoosa County?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 4 and Section 6 of this Act and this section shall not become effective and shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Catoosa County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9 . Sections 5 and 7 of this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of THE CATOOSA COUNTY NEWS, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in THE CATOOSA COUNTY NEWS one times, on the issues dated, to-wit: January 13, 1988 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1988 session of the General Assembly of Georgia a bill to provide for the election of a Board of Commissioners of Catoosa County; to provide for districts; to provide for the manner of elections; to provide for the terms, hours, duties, and compensation of

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such commissioners; to provide for all related matters; to provide for a referendum; to repeal convicting laws; and for other purposes. This 11th day of January, 1988. Robert G. Peters, State Representative District 2 /s/ Jim Caldwell Sworn to and subscribed before me, this the 26 day of January, 1988. /s/ Juanita Caldwell Notary Public, Georgia, State at Large My Commission Expires Apr. 22, 1989 (SEAL) Approved March 24, 1988. MITCHELL COUNTYBOARD OF COMMISSIONERS; ELECTIONS; DISTRICTS; TERMS. No. 984 (House Bill No. 1552). AN ACT To amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved July 19, 1927 (Ga. L. 1927, p. 632), so as to provide how the members of the board of commissioners shall be elected; to provide for five single-member commissioner districts; to provide for staggered terms of office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved July 19, 1927 (Ga. L. 1927, p. 632), is amended by striking Sections 1 and 2 of the 1927 amendatory Act (Ga. L. 1927, p. 632) in their entirety and substituting in lieu thereof new Sections 1 and 2 to read as follows: Section 1. (a) The Board of Commissioners of Mitchell County shall consist of five members to be elected from five single-member commissioner districts provided for in subsection (b) of this section. One commissioner shall be elected from each district. Each commissioner shall be a resident of the commissioner district from which elected. Each commissioner shall be elected by a majority of the voters voting within each respective district. All members 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 five commissioner districts for the election of each of the five members of the Board of Commissioners of Mitchell County shall be as follows: Commissioner District No. 1 Commencing at the intersection of the centerline of Georgia Highway No. 37 and the eastern bank of the Flint River, and with this as the POINT OF BEGINNING, proceed in a southeasterly direction along the centerline of Georgia Highway No. 37 to the point where the same is intersected by the centerline of County Road No. 247; thence proceed due south along the centerline of County Road No. 247 to a point where the same is intersected by the centerline of County Road No. 11; thence proceed due east along the centerline of said County Road No. 11 to a point where the same is intersected by the centerline of County Road No. 246; thence proceed due south along the centerline of said County Road No. 246 to a point where the same is intersected by the centerline of

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County Road No. 23; thence proceed east along the centerline of County Road No. 23 to a point where the same is intersected by the centerline of County Road No. 250; thence continue southeasterly along the centerline of said County Road No. 250 where the same intersects the city limits boundary of the City of Camilla; thence proceed generally north along the city limits boundary of the City of Camilla to where the same intersects the centerline of Georgia Highway No. 37; thence proceed along the centerline of Georgia Highway No. 37 in a southeasterly direction until the same is intersected by the centerline of Georgia Highway No. 112; thence proceed along the centerline of Georgia Highway No. 112 in an easterly direction through the City of Camilla to where the same is intersected by the centerline of U.S. Highway No. 19; thence proceed north along the centerline of U.S. Highway No. 19 until the same is intersected by the centerline of Georgia Highway No. 93; thence proceed along the centerline of Georgia Highway No. 93 in an easterly direction until the same is intersected by the centerline of County Road No. 115; thence proceed along the centerline of County Road No. 115 due north until the same intersects the northern boundary of Mitchell County, Georgia; thence proceed due west along the northern boundary line of the said Mitchell County, Georgia, until the same intersects the eastern bank of the Flint River; thence proceed in a southwesterly direction along the eastern bank of the Flint River until the same intersects the centerline of Georgia Highway No. 37; the same being the POINT OF BEGINNING of said District No. 1. Commissioner District No. 2 COMMENCE at the intersection of the centerline of Georgia Highway No. 112, known as Oakland Street within the City of Camilla, and the centerline of County Road No. 285, the same being known as Harney Street within the City of Camilla, and with this as the POINT OF BEGINNING proceed generally south along said County Road No. 285 until the same is intersected by the centerline of County Road No. 27; thence proceed along the centerline of said County Road No. 27 due west until the same is intersected by the centerline of County Road No. 77; thence proceed along the centerline of said

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County Road No. 77 northerly and westerly until the same intersects the centerline of Georgia Highway No. 112, thence proceed along the centerline of Georgia Highway No. 112, due south until the same is intersected by the centerline of Georgia Highway No. 65; thence proceed along the centerline of Georgia Highway No. 65 due east until the same is intersected by the centerline of County Road No. 285; thence proceed along the centerline of County Road No. 285 north until the same is intersected by the centerline of Castleberry Street located within the City of Pelham, Georgia; thence proceed along the centerline of Castleberry Street to the centerline of the Atlantic Coast Line Railroad right of way; thence proceed due north along the Atlantic Coast Line Railroad right of way until the same is intersected by the centerline of Burnham Street in the City of Pelham; thence proceed north and easterly along the centerline of Burnham Street until the same intersects the centerline of Georgia Highway No. 3; thence proceed north along Georgia Highway No. 3 until the same is intersected by the centerline of Cannon Street; thence proceed due east along the centerline of Cannon Street until the same intersects the centerlines of the median of U.S. Highway No. 19; thence proceed along the centerline of the median of U.S. Highway No. 19 north and west along the centerline of said median of U.S. Highway 19 until the same intersects the intersection of Georgia Highway No. 112, known as Oakland Avenue in the City of Camilla; thence proceed west along the centerline of Oakland Avenue until the same intersects the centerline of County Road No. 285, the same being the POINT OF BEGINNING of the District herein described. Commissioner District No. 3 COMMENCE at the intersection of the centerline of Georgia Highway No. 37 and the eastern bank of the Flynt River and with this as the POINT OF BEGINNING, proceed in a southeasterly direction along the centerline of Georgia Highway No. 37 to a point where the same is intersected by the centerline of County Road No. 247; thence proceed due south along the centerline of County Road No. 247 to a point where the same is intersected by the centerline of County Road No. 11; thence proceed

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due east along the centerline of said county road No. 11 to a point where the same is intersected by the centerline of County Road No. 246; thence proceed due south along the centerline of said County Road No. 246 to a point where the same is intersected by the centerline of County Road No. 23; thence proceed east along the centerline of County Road No. 23 to a point where the same is intersected by the centerline of County Road No. 250; thence continue southeasterly along the centerline of said County Road No. 250 where the same intersects the City Limits boundary of the City of Camilla; thence proceed generally north along the City Limits boundary of the City of Camilla to where the same intersects the centerline of Georgia Highway No. 37; thence proceed along the centerline of Georgia Highway No. 37 in a southeasterly direction until the same is intersected by the centerline of Georgia Highway No. 112; thence proceed along the centerline of Georgia Highway No. 112 in an easterly direction through the City of Camilla to where the same is intersected by the centerline of County Road No. 285, the same being known as Harney Street within the City of Camilla; thence proceed generally south along the centerline of said County Road No. 285 until the same is intersected by the centerline of County Road No. 27; thence proceed along the centerline of said County Road No. 27 due west until the same is intersected by the centerline of County Road No. 77; thence proceed along the centerline of said County Road No. 77 northerly and westerly until the same is intersected by the centerline of Georgia Highway No. 112; thence proceed south along the centerline of Georgia Highway No. 112 until the same intersects the county line of Mitchell County, Georgia; thence proceed due west along the county line of Mitchell County, Georgia until the same intersects the eastern bank of the Flint River; thence proceed in a northeasterly direction along the eastern bank of said Flint River until the same intersects the centerline of Georgia Highway No. 37, the same being the POINT OF BEGINNING of the District herein described. Commissioner District No. 4 Commencing at the intersection of the centerline of Georgia Highway No. 112 and the southern boundary

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line of Mitchell County, Georgia, and with this as the POINT OF BEGINNING proceed due east along the southern County Line of Mitchell County, Georgia, until the same intersects the centerline of County Road No. 133; thence proceed north along the centerline of County Road No. 133 until the same is intersected by the centerline of County Road No. 134; thence proceed westerly and northerly along the centerline of County Road No. 134 until the same intersects the centerline of County Road No. 124; thence proceed southerly and westerly along the centerline of County Road No. 124 until the same intersects the centerline median of U.S. Highway No. 19; thence proceed south along the median of U.S. Highway No. 19 until the same intersects the centerline of Cannon Street; thence proceed due west along the centerline of Cannon Street until the same intersects Georgia Highway No. 3; thence proceed south along the centerline of Georgia Highway No. 3 until the same is intersected by the centerline of Vernon Street; thence proceed east along the centerline of Vernon Street until the same intersects the centerline of the Atlantic Coastline Railroad right of way; thence proceed south along the centerline of the Atlantic Coastline Railroad right of way until the same intersects the centerline of a projection of Castleberry Street in the City of Pelham; thence proceed east along the centerline of Castleberry Street until the same intersects the centerline of County Road No. 285; thence proceed south along the centerline of County Road No. 285 until the same intersects the centerline of Georgia Highway No. 65; thence proceed west along the centerline of Georgia Highway No. 65 until the same intersects the centerline of Georgia Highway No. 112; thence proceed south along the centerline of Georgia Highway No. 112 until the same intersects the southern boundary of Mitchell County, Georgia, the same being the POINT OF BEGINNING of the District herein described. Commissioner District No. 5 COMMENCE at the intersection of the centerline of County Road No. 133 and the southern boundary of Mitchell County, Georgia, and with this as the POINT

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OF BEGINNING, proceed north along the centerline of County Road No. 133 until the same intersects the centerline of County Road No. 134; thence proceed westerly and northerly along the centerline of County Road No. 134 until the same is intersected by the centerline of County Road No. 124; thence proceed southerly and westerly along the centerline of County Road No. 124 until the same intersects the centerline median of U.S. Highway No. 19; thence proceed north along the centerline of the median of U.S. Highway No. 19 until the same intersects the centerline of Georgia Highway No. 93; thence proceed east along the centerline of Georgia Highway No. 93 until the same is intersected by the centerline of County Road No. 115; thence proceed along the centerline of County Road No. 115 until the same intersects the northerly boundary of Mitchell County, Georgia; thence proceed due east along the northern boundary of Mitchell County, Georgia, until the same intersects the eastern boundary of Mitchell County, Georgia; thence proceed due south along the eastern boundary of Mitchell County, Georgia, until the same intersects the southern boundary of Mitchell County, Georgia; thence proceed along the southern boundary of Mitchell County, Georgia, until the same intersects the centerline of County Road No. 133, the same being the POINT OF BEGINNING of the District herein described. (c) In the event a portion of Mitchell County has not been included in any commissioner district described in subsection (b) of this section, such portion shall be included 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. Section 2. The Board of Commissioners of Mitchell County shall elect one of its members as chairman by majority vote of the board. The chairman shall preside over all meetings of the board of commissioners and shall be the county's chief executive officer. The board of commissioners shall likewise elect another member of the board as vice chairman who shall act in the absence of the chairman. The chairman or vice chairman shall be entitled to vote on all issues that may come before the board.

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Section 2 . Said amendatory Act approved July 19, 1927 (Ga. L. 1927, p. 632), 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) The term of office of the members of the board of commissioners shall be for a period of four years commencing at the regular January meeting of the board of commissioners next following the general election at which the members are elected. The five-single member district voting plan which was mandated by order of United States District Court for the Middle District of Georgia, on June 22, 1984, has been implemented in accordance with said order after approval by the United States Department of Justice. The plan was put into effect at the August, 1984, primary election and the November, 1984, general election. The next primary and general elections for members of the board of commissioners will be at the regularly scheduled primary and general elections in August and November of 1988, respectively. In an effort to promote stability and maintain a degree of continuity on the board of commissioners, it is necessary and desirable to stagger some of the terms of the commissioners. To accomplish this objective, the term of office for the members of the board of commissioners to be elected from Commissioner District No. 1 and Commissioner District No. 3 at the 1988 primary and general elections shall be for a period of two years while the term of office for the members of the board of commissioners to be elected from Commissioner District No. 2, Commissioner District No. 4, and Commissioner District No. 5 at said primary and general elections shall be for a period of four years. Thereafter, the terms for all successor members of the board of commissioners shall be for a period of four years. (b) Any vacancy on the Board of Commissioners of Mitchell County shall be filled under the appropriate provisions of Code Section 36-5-21 of the O.C.G.A.; provided, however, any person seeking to fill a vacancy on the board shall reside within the commissioner district in which the vacancy exists and when an election is necessary to fill the vacancy, the election shall be held only within the commissioner district in which the vacancy exists.

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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 1988 session of the General Assembly of Georgia a bill to amend an Act approved February 20, 1873, as amended by Act approved July 19, 1927, to provide for staggered terms for the board of commissioners of Mitchell County; and for other purposes. Dated this 20th day of January, 1988. Ralph Collins, Chairman Board of Commissioners Mitchell County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise which is the official organ of Mitchell County, on the following date: January 22, 1988. /s/ A. Richard Royal Representative, 144th District Sworn to and subscribed before me, this 27th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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GWINNETT COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 985 (House Bill No. 1504). AN ACT To provide a homestead exemption of $4,000.00 from all county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for a referendum; 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 VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . The homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Gwinnett County school district ad valorem taxation in the amount of $4,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1990, and for all tax years thereafter. Section 3 . The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to the $2,000.00 exemption from county school district ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 2 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 2 of this Act.

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Section 4 . The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or municipal taxes. Section 5 . Any person who as of January 1, 1990, has applied for and is eligible for the $2,000.00 exemption from county school district ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act. Section 6 . The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gwinnett County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Gwinnett County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption of $4,000.00 from all Gwinnett County school district ad valorem taxes, except taxes to retire bonded indebtedness, for residents of the Gwinnett County school district?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to increase the amount of the homestead exemption from county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead; and for other purposes. This 15th day of January, 1988. /s/ Charles Bannister Honorable Charles Bannister Representative, 62nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Bannister, who, on oath, deposes and says that he is Representative from the 62nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 22, 1988. /s/ Charles E. Bannister Representative, 62nd District

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Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF BUTLERNEW CHARTER. No. 986 (House Bill No. 1810). AN ACT To provide a new charter for the City of Butler; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for city officials and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; 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 purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.01 . Incorporation. The City of Butler in Taylor 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 Butler. References in this charter to the city or this city refer to the City of Butler. The city shall have perpetual existence. The city may contract and be contracted with, may bring and defend actions, and plead and be impleaded in all courts of law and equity and in all actions whatsoever and may have and use a common seal and change it at pleasure. Section 1.02 . City boundaries. The corporate limits of the City of Butler shall extend one mile in every direction from the Taylor County courthouse in said city, thereby forming a circle, the center of which is the Taylor County courthouse. Section 1.03 . Corporate powers. The corporate powers of the city, to be exercised by the mayor and council, shall 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; (3) To appropriate and borrow money to provide for payment of the debts of the city; to authorize the expenditure of money for any municipal purpose or for matters of national or state interest; and 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 applicable state law governing bonds issued by municipalities;

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(4) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property inside or outside the corporate boundaries of the city; (5) To condemn property, inside or outside the corporate boundaries of the city, for present or future use and for any corporate purpose deemed necessary by the mayor and council under applicable state law; (6) To acquire, construct, operate, distribute, sell, and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water and gas furnished and for all sewerage and sanitary service rendered said city may prescribe the charges, rates, fares, fees, regulations, and standards and conditions of service to be provided and shall have a lien against any property of the persons served, said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes; (7) To grant franchises or make contracts for public utilities and public services including but not limited to those stated in this section, not to exceed periods of 20 years. The mayor and council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (8) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, airports, hospitals, and charitable, education, 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; to regulate the use thereof, and for such purposes, property may be acquired by condemnation under applicable state law;

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(9) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (10) To provide for the collection and disposal of garbage, rubbish, and refuse; and to exercise all necessary and proper means to keep the city limits free from garbage, trash, and filth. Charges or fees may be imposed to cover the costs of such services which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes; (11) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city; (12) To define a nuisance in the city and to provide for its abatement. The judge of the municipal court shall have jurisdiction of all nuisance abatement proceedings in the city. The mayor and council may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice and hearing from the city to do so; (13) 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; (14) To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works or on the public streets of the city as provided by ordinances; or the mayor and council may provide for the commitment of city prisoners to any county work camp or jail or to any other governmental agency,

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by agreement with the appropriate county officers or any other government agencies; (15) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane destruction, when such animals or fowl are not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (16) 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 amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (17) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (18) To provide that upon the conviction of the violation of any ordinance, rule, regulation, or order, any person shall be punished as provided by ordinance but not exceeding the limitations prescribed by this charter; (19) To levy taxes and to make appropriations for the purpose of advertising said city, its advantages, and resources so as to bring new capital, commercial, manufacturing, and other enterprises into the city; and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries; (20) To regulate and control public streets, public alleys, and ways; and in the discretion of the mayor and council by ordinance to alter, open, or close public streets and public alleys and ways; and (21) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable

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to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and 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 charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this 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 cities under the Constitution or applicable state law. Section 1.04 . Ordinances. All ordinances, bylaws, rules, and regulations now in force in said city, not inconsistent with this charter, are declared valid and of force until amended or repealed by the mayor and council of said city. ARTICLE II CITY GOVERNMENT Section 2.01 . Establishment of city government. The corporate governmental powers of the City of Butler shall be vested in a mayor and five councilmen to be known as the Mayor and Council of the City of Butler. The mayor shall be elected by the qualified voters of the city at large and the councilmen shall be elected by the qualified voters of their respective districts and the mayor and council shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia or, if not so prescribed, in such manner as prescribed by the duly established ordinances of the City of Butler. Section 2.02 . Qualification for mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least 21 years of age; must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by state law; must be a registered voter in the City of Butler; and must be a bona fide resident of the City of Butler and, if a councilman, of the election district

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from which he seeks election for one year next preceding the time and holding of the election in which he offers as a candidate. Section 2.03 . Elections. (a) The mayor and councilmen in office on January 1, 1988, shall serve until their successors are elected and qualified as provided in subsection (d) of this section. (b) For the purpose of electing the five members of the council, the City of Butler shall consist of two election districts. District 1 shall contain two numbered posts, designated as Post 1 and Post 2, and District 2 shall contain three numbered posts, designated as Post 3, Post 4, and Post 5. The election districts are described as follows: DISTRICT 1 COMMENCING at the point where the centerline of Howard Road intersects with the westernmost city limits of the City of Butler and from that point running thence east along the centerline of Howard Road to the point of intersection of the centerline of Howard Road and the centerline of Charing Road; thence east following the centerline of Charing Road to the point of intersection of the centerline of Charing Road and the centerline of West Main Street; thence east following the centerline of West Main Street to the point of intersection of the centerline of West Main Street and the centerline of Poplar Street; thence north following the centerline of Poplar Street to the point of intersection with the centerline of the Central of Georgia Railroad; thence east following the centerline of said railroad to the point of intersection of said centerline with the east margin of the city limits of the City of Butler; thence in a northerly direction and westerly direction following the city limits of the City of Butler back to the point of beginning. DISTRICT 2 COMMENCING at the point where the centerline of Howard Road intersects with the westernmost city limits of the City of Butler and from that point running thence east along the centerline of Howard Road to the point of intersection of the centerline of Howard Road and the centerline of Charing

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Road; thence east following the centerline of Charing Road to the point of intersection of the centerline of Charing Road and the centerline of West Main Street; thence east following the centerline of West Main Street to the point of intersection of the centerline of West Main Street and the centerline of Poplar Street; thence north following the centerline of Poplar Street to the point of intersection with the centerline of the Central of Georgia Railroad; thence east following the centerline of said railroad to the point of intersection of said centerline with the east city limits of the City of Butler; thence south and west following the city limits of the City of Butler to the point of beginning. (c) Each person seeking election to the council shall designate the post for which he seeks election. The person who receives a majority of the votes cast for mayor shall be elected mayor and the person who receives a majority of votes cast for each post shall be elected to that post. Persons so elected shall serve for terms of office of four years and until their successors are elected and qualified. In the event no candidate receives a majority of the votes cast for an office, a run-off election shall be held in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. (d) (1) A special municipal election shall be held in 1988 for the purpose of electing a mayor and five members of the council. The special election shall be held, unless prohibited by the federal Voting Rights Act of 1965, at the same time as the November general election at which members of the General Assembly are elected. (2) At the special election provided for in paragraph (1) of this subsection, members of the council representing Post 1, Post 2, and Post 3 shall be elected for an initial term ending December 31, 1991, and until their successors are elected and qualified. At the special election provided for in paragraph (1) of this subsection, members of the council from Post 4 and Post 5 and the mayor shall be elected for an initial term ending December 31, 1989. (3) Successors to the mayor and members of the council elected pursuant to paragraph (2) of this subsection and their

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successors shall be elected for terms of office of four years ending on December 31 of the fourth year following their election and until their successors are elected and qualified. Elections shall be held on the Tuesday following the first Monday in November in each odd-numbered year. Section 2.04 . Term of office. The terms of office for mayor and councilmen shall begin at the first regular council meeting in January next succeeding the election and shall continue until their successors are elected and qualified. Section 2.05 . Council. The council shall meet in special sessions on written call of the mayor or mayor pro tempore and three councilmen and when notice of which has been served on the other members personally or left at their residences at least 12 hours in advance of the meeting. Such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is convened. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the city council. A majority of the city council shall constitute a quorum. The city council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.06 . Mayor as presiding officer. The mayor shall preside at meetings of the city council; shall have a vote only in the case of a tie vote by the council; shall have veto powers in which case the mayor shall have five days after meetings of the council in which to file in writing with the clerk his dissent, but the council may at the same meeting or any subsequent meeting within 31 days, pass any such ordinance, order, or resolution, notwithstanding the veto, by a vote of two-thirds of the total number of councilmen, to be taken in ayes and nays and entered upon the minutes; shall be ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the council to do so; and shall perform such other duties as may be imposed by this charter and duly adopted ordinances. Section 2.07 . Mayor pro tempore. The council at the first regular meeting, and after the newly elected councilmen have

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taken office following each regular election, shall elect from its membership a mayor pro tempore for a term of one year. Upon the city council's failure to elect a mayor pro tempore at its first meeting in January of each year, the incumbent councilman who received the highest number of votes, when last elected, shall be declared mayor pro tempore. The mayor pro tempore shall perform the duties of the mayor during his absence from the city, his sickness, his disqualification, or until the replacement of the mayor by a special election upon the occurrence of a vacancy in the office of mayor. Section 2.08 . Vacancy in office of mayor or councilman. (a) A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the city council which leave shall be entered upon the minute books; or if he is adjudged incompetent or is convicted of malfeasance in office or of a felony or of any violation of election laws. (b) The mayor and council shall appoint a qualified person to fill any such vacancy in the office of councilman, said person to hold office until the next regular election. (c) At no time shall there be more than one councilman so appointed holding office; and if a vacancy occurs on the city council with one member already so appointed on the council, a special election conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A. shall be held within a period of 45 days after the office becomes vacant pursuant to a call or a special election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment and the second vacancy shall both be filled for the unexpired terms at such regular election. (d) In the event a vacancy shall occur in the office of the mayor, a special election shall be called and held in the manner prescribed by Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. Section 2.09 . Compensation and expenses. The mayor and council may determine the salary of the mayor and councilmen by ordinance; provided, however, no ordinance increasing the

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salary of the mayor or councilmen shall become effective until the date of commencement of the terms of mayor and councilmen elected at the next regular election. Each councilman and the mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.10 . City clerk. (a) The mayor and council shall appoint a city clerk who shall be ex officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the mayor and council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered and the text of each resolution or ordinance considered, and preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinances; and performing such other duties as may be required by the council or mayor. (b) The mayor and council shall require the clerk-treasurer, before entering upon discharge of his duties, to give good and sufficient bond in an amount to be decided by the mayor and council but not less than $5,000.00, said bond payable to the City of Butler for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriation, or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council and the premium thereon shall be paid by the city. Section 2.11 . City legislation. Any action of the mayor and council having a regulatory or penal effect or required to be done by ordinance under this charter shall be done only by ordinance. Each ordinance shall be in written form before being voted upon. A majority vote of those present shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.

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ARTICLE III ORGANIZATION AND PERSONNEL Section 3.01 . Organization. The city government shall continue as presently organized, unless and until otherwise provided by ordinance. The mayor and council, by such ordinances, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. Section 3.02 . Administrative duties of mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. Section 3.03 . City attorney. The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as provided by the mayor and the city council. Section 3.04 . Oath of office. Before a person takes any office in the city government, he shall take before an officer of the state authorized to administer oaths the following such oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution of the United States and the State of Georgia; that I will in all respects observe the provisions of the charter and ordinances of the City of Butler; and that I will faithfully discharge the duties of the office of. So help me God.

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Section 3.05 . Political activity prohibited. No officer or employee of the city other than the mayor and councilmen shall continue in the employment of the city after becoming a candidate for nomination of election to any city office. Section 3.06 . City planning and renewal. The mayor and council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereinafter be amended. ARTICLE IV FISCAL ADMINISTRATION Section 4.01 . Fiscal year. The fiscal year of city government shall begin on the first day of July and end on the thirtieth day of June of each year, but a different fiscal year may be established by ordinance for the entire city government or for any utility thereof. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency, and activity of the city government, unless otherwise provided by law. Section 4.02 . Mayor to submit annual budget. On or before a date fixed by the mayor and council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (1) The revenue and expenditures during the preceding fiscal year; (2) Appropriations and estimated revenue and expenditures for the current fiscal year; (3) Estimated revenue and recommended expenditures for the next fiscal year; (4) A comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year and estimated assets, liabilities, reserves, and surplus at the end of the current fiscal year; and (5) Such other information and data as may be considered necessary by the mayor and council.

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Section 4.03 . Action by council on budget. Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance, based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the city, provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriations ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Section 4.04 . Additional appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus. Section 4.05 . Lapse of appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the general fund as unappropriated surplus or reserves. Section 4.06 . Capital improvements budget. (a) On or before a date fixed by the council but not later than 45 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 each improvement. The council shall have the 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 lives, health, or property of inhabitants. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition.

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(b) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modification as the council considers necessary or desirable. No appropriations provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council. Section 4.07 . Annual audit. The mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report which shall be furnished or made available to the mayor and every councilman. Section 4.08 . Publication of financial statement. As soon as practicable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the city, as of the close of the preceding fiscal year. Section 4.09 . Property taxes. (a) All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be returned for taxes on or before April 1 in each year. (b) If such return is not made by the property owner, the assessing authority, which can be either the board of assessors of the city, which shall consist of two councilmen and a property owner, the county assessing authority, or such other authority as the council by ordinance may designate, shall assess such property for taxation from the best information the authority can obtain as to the property's value for the year in default and notify said owner of the valuation, which shall be final, unless the owner shall claim that it is excessive, said claim to be asserted as provided by general law.

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(c) Any assessment made by the assessing authority, as designated by the mayor and city council, shall, unless otherwise provided by this charter, be subject to arbitration. The arbitration procedures for determining the correctness or validity of any assessment shall be as provided by state law. Taxes shall be due on October 1 of each year and shall become past due or delinquent if not paid on or before December 20 of each year. The mayor and city council by ordinance may provide for an independent city assessment as provided by Georgia law or may elect to use the county assessment for the year in which city taxes are to be levied. If an independent city assessment is made, a board of equalization consisting of three resident property owners of the city appointed by the mayor and city council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent a notice, by regular mail, or appeals of a new or increased assessment. Except as otherwise provided in this section, appeals involving city property assessments may be taken as now or as may hereinafter be provided by general law. Section 4.10 . Tax levy. The mayor and council shall be authorized to levy an ad valorem tax on all real and personal property within th corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose in addition to a sufficient levy to pay principal and interest on general obligations. Section 4.11 . Tax due date and tax bills. (a) The due date of property taxes shall be October 1 of each year. The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 20 of each year, which time may be changed by ordinance, and at which time a penalty of 10 percent in addition to fi. fa. charge shall be added; and, thereafter, such taxes shall be subject to interest at the rate of 9 percent per annum from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record.

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(b) The city shall have the right, power, and authority to provide by ordinance for the return of all real and personal property for taxation; to provide for the compelling of such return and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, so long as not in conflict with any limitation prescribed by laws of Georgia; to provide the time or times at which said returns are due; and to provide the time or times when said taxes shall be due and payable. Section 4.12 . 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 the chief of police under the same procedure provided by laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens, except that it shall have equal dignity with those for federal, state, or county taxes. Section 4.13 . Transfer of executions. The clerk of the City of Butler shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers of fi. fas. as now provided by law; and in all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer, and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest, and costs as in cases of redemption of property where sold under state or county ad valorem tax fi. fa. as the same now exists or as may from time to time be provided by law. Section 4.14 . Special assessments. The mayor and council may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances against the abutting property owners, under such terms and

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conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 9 percent per annum from due date until paid. A lien for such amounts plus fi. fa. charges, interest, and penalties shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes; and said lien shall be enforceable by the same procedures and under the same remedies as provided in this charter for city property taxes. ARTICLE V ELECTIONS Section 5.01 . Regular elections. The regular election for mayor and city council, or councilmen, as the case may be, shall be held on the first Tuesday following the first Monday in November of each year. officials elected at any regular election shall take office at the first regular council meeting in January next following such election. Section 5.02 . Qualifications of candidates. Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal election superintendent not less than 15 nor more than 45 days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the municipal election superintendent not less than ten days nor more than 30 days, as prescribed by ordinance, prior to the date fixed for holding any such election. Section 5.03 . Nomination petitions. Nominations of candidates for public office may also be made by nomination petitions, in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. The mayor and council may provide by ordinance all rules and requirements regulating the use and validity of such petitions. In order for the name of any candidate to be placed on a ballot by nomination petition, said petition must be signed by a sufficient number of valid signatures equal to 10 percent of the number of qualified voters registered to vote in the last general election in the city.

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Section 5.04 . Qualifications of electors. Any person meeting the qualifications of an elector for members of the General Assembly under state law who has been a bona fide resident of the City of Butler for 90 days next preceding the election in which he desires to vote, or for such period as may otherwise be provided by Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, shall be qualified to register as an elector in any city election held in this charter. Section 5.05 . Applicability of general laws. Except as otherwise provided by this charter, the election of all officials of the City of Butler, where provision is made for election by the qualified voters thereof, shall be held in accordance with applicable provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. Whenever any time period established by the Georgia Municipal Election Code is altered so as to change or supersede any time period provided in this charter, it shall be considered that the time periods provided in this charter will be correspondingly changed so as to avoid any conflict between this charter and the general law of the state. Section 5.06 . Time of election. The polls shall be opened from 7:00 A.M. local time to 7:00 P.M. local time. Section 5.07 . Place of elections. The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. Section 5.08 . Voter registration. In all elections held in the City of Butler, whether special or general primaries or elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Section 5.09 . Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections. Section 5.10 . Call for election. Any call for an election which is required to be made by the laws of this state shall be made by the municipal election superintendent.

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ARTICLE VI MUNICIPAL COURT Section 6.01 . Creation. There is established a court to be known as the Municipal Court of the City of Butler, which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by 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 of Butler constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to ensure the presence of those charged with violations and to prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the judge. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council. Section 6.02 Judge. (a) No person shall be qualified or eligible to serve as judge of the municipal court unless he shall have attained the age of 21 years, shall be qualified to vote in the City of Butler and Taylor County, and shall have resided in the city at least one year immediately preceding his appointment. The judge shall be appointed by the mayor and council and shall serve at the discretion of the mayor and council. The compensation of the judge shall be fixed by the mayor and council. Nothing contained in this charter shall disqualify the mayor or any councilman from serving as judge or judge pro tempore. (b) The judge pro tempore shall serve in the absence of the judge, shall have the same qualifications as the judge, and shall be appointed by the mayor and council.

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(c) Before entering on duties of his office, the judge or the judge pro tempore shall take an oath, before an officer duly authorized to administer oaths in this state, that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council. Section 6.03 . Jurisdiction. The judge shall have power to impose fines, costs, and forfeitures for the violation of any law or ordinance of the City of Butler passed in accordance with this charter, for each offense, in an amount not to exceed $200.00, to imprison offenders for a period of not more than 60 days, or to labor on the roads and streets or other public works of said city for not more than 60 days, and said judge shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 or imprisonment not exceeding 20 days, or any combination of the two. He shall be to all intents and purposes a magistrate so far as to enable him to issue warrants for offenses committed within the limits of the City of Butler, which warrants may be executed by any 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 a court of competent jurisdiction. The municipal court shall also have concurrent jurisdiction with that of magistrates over offenses against the criminal cases of the state committed within the corporate limits. Except as may be otherwise specified, the judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Butler. The municipal court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to municipal courts and particularly such laws as authorize the abatement of nuisances. Said judge is authorized to administer oaths. Section 6.04 Right of appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Taylor County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the magistrate court; provided, however, any person convicted of an offense

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shall have ten days to file his appeal. An appeal to the superior court shall be a de novo proceeding. Section 6.05 . Court costs. In all cases in the Municipal Court of the City of Butler, the costs incurred and allowable may be computed under the provisions of the laws of the State of Georgia fixing costs in the magistrate courts of said state, or the mayor and council may establish a schedule of fees to defray the costs of operation; and the city shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to the superior court for violations of state law. The mayor and council may also provide a uniform scale of costs of the clerk and police officers of said city and for all services in the arrest and prosecution of offenders in the municipal court and the issuance and collection of tax and other executions and for their collection and payment into the city treasury. The judge is authorized to issue subpoenas to compel the attendance of witnesses to said municipal court and to issue such other processes as may be necessary to the proper administration of said court. Section 6.06 . Rules for court. With the approval of the mayor and council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the superior courts under the general laws of the State of Georgia. ARTICLE VII GENERAL PROVISIONS Section 7.01 . Specific repealer. (a) An Act incorporating the City of Butler, approved August 18, 1919 (Ga. L. 1919, p. 849), as amended, is repealed in its entirety, and all amendatory Acts thereto and all prior charters for such city are likewise repealed in their entirety. (b) An Act incorporating the City of Butler, approved April 3, 1972 (Ga. L. 1972, p. 3884), as amended, is repealed in its entirety, and all amendatory Acts thereto are likewise repealed in their entirety.

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Section 7.02 . General 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 1988 session of the General Assembly of Georgia a bill to provide a new charter for the City of Butler; and for other purposes. This 1st day of February, 1988. HONORABLE 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 date: February 11, 1988. /s/ Ward Edwards Representative, 112th District Sworn to and subscribed before me, this 19th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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THOMASTON-UPSON COUNTY AIRPORT AUTHORITYCREATION. No. 987 (House Bill No. 1803). AN ACT To create and establish an airport authority in and for the County of Upson and City of Thomaston, and to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking, and to acquire, lease, own, and hold a fee simple title, or any interest therein, to all necessary property therefor, both real and personal, both within and outside the confines of Upson County, and to lease and sell any and all such facilities including real property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and their compensation; to authorize the authority to contract with others, both within and outside the confines of Upson County, pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note, or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the County of Upson or the City of Thomaston shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities, or obligations of the authority exempt from taxation; to authorize the issuance of refunding bonds, securities, or other obligations; to provide that such bonds, securities, or other obligations be validated as authorized by the Revenue Bond Law; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known and may be cited as the Thomaston-Upson County Airport Authority Act. Section 2 . Thomaston-Upson County Airport Authority. There is created a body corporate and politic to be known as the Thomaston-Upson County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, bring and defend actions, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority of the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents, and employees of the authority. The authority shall have perpetual existence. Section 3 . Membership. The Thomaston-Upson County Airport Authority shall be composed of six members who shall be appointed by the governing authorities of the County of Upson and City of Thomaston as hereinafter set out. Members of each governing authority shall be qualified to serve. Within 30 days after the approval of this Act, it shall be the duty of said governing authorities to appoint the membership of the authority. The authority shall be composed of six posts to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5, and Post No. 6. The term of each member shall be six years and until a successor is appointed and qualified, except that the initial terms shall be as follows: The member from Post No. 1 shall be appointed initially by the governing authority of Upson County for a term which shall expire December 31, 1994, or when his successor is appointed and qualified. The member from Post No. 2 shall be appointed by the governing authority of the City of Thomaston for a term which shall expire on December 31, 1993, or when his successor is appointed and qualified. The member from Post No. 3 shall be appointed by the governing authority of Upson County for a term which shall expire on December 31, 1992, or when his successor is appointed and qualified. The member from Post No. 4 shall be appointed by the governing authority of the City of Thomaston for a term which

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shall expire on December 31, 1991, or when his successor is appointed and qualified. The member from Post No. 5 shall be appointed by the governing authority of Upson County for a term which shall expire on December 31, 1990, or when his successor is appointed and qualified. The member from Post No. 6 shall be appointed by the governing authority of the City of Thomaston for a term which shall expire on December 31, 1989, or when his successor is appointed and qualified. Thereafter, vacancies in each post shall be filled by the governing authority making the initial appointment. Section 4 . Meetings. The authority shall hold its first regular meeting after the approval of this Act, and the first regular meeting of each year thereafter shall be in January. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting and in January of each year thereafter, the authority shall elect one of its members as its chairman and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on December 31 of the year in which they were elected or until their successors are elected and qualified. Three members of the authority shall constitute a quorum for the transaction of all business coming before it. The members of the authority shall be compensated as determined from time to time by said governing authorities; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. Section 5 . Vacancies in office. In the event of a vacancy on the authority by reason of death, resignation, or otherwise, the vacancy shall be filled by the governing authority which appointed such member, and the person so appointed shall serve for the remainder of the unexpired term. Section 6 . Definitions. (a) As used in this Act, the term: (1) Authority means the Thomaston-Upson County Airport Authority created in Section 2 of this Act. (2) Cost of the project means the cost of construction, the cost of all lands, properties, rights, easements,

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and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incidental to the financing herein authorized, the construction or improvement of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects. (3) Project means and includes the leasing, acquisition, construction, equipping, maintenance, improving, and operation of public airports and landing fields for the use of aircraft, related buildings and the usual and convenient facilities appertaining to such undertakings, extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part of or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such airports and landing fields for the use of aircraft, deemed by the authority to be necessary, convenient, or desirable for the operation of such airports and landing fields anywhere within Upson County. (4) Revenue bonds, bonds, or obligations mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the authority the issuance of which are hereinafter authorized in this Act. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of constructing, operating, maintaining, repairing, improving,

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and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 7 . Powers. (a) The authority shall have power: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, gift, or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage 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, leases, and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they may deem advisable; the authority is further granted the authority to make contracts, leases, and to execute all instruments necessary or convenient with the United States government or any agency or department thereof concerning the projects of the authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder,

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and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided for in this Act; (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 or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose; (8) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source may impose; (9) To borrow money for any of its corporate purposes and to execute evidence of such indebtedness by promissory notes, or otherwise, and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state, except the right of eminent domain; (11) The authority and the trustee acting under the trust indenture are specifically authorized from time to

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time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (12) To do all things necessary or convenient to exercise and carry out the powers especially given in this Act; (13) To make rules and bylaws for the orderly operation of the authority; and (14) 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, 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. (b) The authority, notwithstanding any other provision herein to the contrary, is authorized to exercise each and every of the powers conferred upon it by this Act, specifically including the issuance of revenue bonds, both within and outside the confines of Upson County, and to contract with any other entity, governmental or otherwise, for the joint acquisition, construction, use, or operation of airports and related facilities outside the limits of Upson County. Prior to exercising any of said powers outside the limits of Upson County, said authority shall be required to obtain the approval of both the governing authority of the City of Thomaston and Upson County. Section 8 . Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the

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powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the authority from time to time, shall be payable as provided by resolution of the authority, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereof. Section 9 . Form, denominations, registration, place of payment. The authority shall determine the form of the bonds, shall fix the denomination or denominations of the bonds, and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 10 . 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 attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached

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thereto shall bear the facsimile signatures of the chairman and secretary-treasurer of the authority. 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 delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. Section 11 . 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 law of the state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the state. Section 12 . Sale, price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. Section 13 . 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 for the cost of the project or projects which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. 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 a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. Section 14 . Interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

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Section 15 . Replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 16 . Conditions precedent to issuance, object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of the quorum as in this Act provided. Section 17 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of either the City of Thomaston or Upson County, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said city or county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for such payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 18 . Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation

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to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the property, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of property of the authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 19 . 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 to hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. Section 20 . Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale or lease of any properties, both real and personal, of the authority, unless otherwise pledged

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and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on such revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to, and charged with, the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of a paying agent or agents for paying interest and principal, (4) any premium upon bonds retired by call or purchase as hereinabove provided, and (5) any other reasonable or necessary costs or expenses relating to such bond issue. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, however, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 21 . Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

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Section 22 . Refunding bonds. The authority is authorized to provide by resolution for the issuance 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 23 . Validation. Bonds of the authority shall be confirmed and validated in accordance with said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to be sued, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of this state or the United States government if a party to the validation proceedings, contracting with the said Thomaston-Upson County Airport Authority. Section 24 . 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 Upson 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. Section 25 . Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the

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powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds and, upon the issuance of bonds hereunder, the provisions hereof shall constitute a contract with the holders of such bonds. Section 26 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 27 . Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, improving, and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property, and to do any and all things deemed by the authority necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 28 . Rates, charges, and revenues; use. The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges, and to revise from time to time and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities. Section 29 . 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 airports and landing fields for the use of aircraft shall be furnished.

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Section 30 . 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 31 . Liberal construction of Act. This Act being for the purpose of promoting the health, morals, and general welfare of the citizens of the United States, of the State of Georgia, of Upson County, and of the City of Thomaston shall be liberally construed to effect the purposes hereof. Section 32 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 33 . 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 1988 Session of the General Assembly of Georgia, a bill to create a joint Airport Authority for the City of Thomaston and the County of Upson; to provide the procedure connected therewith; and for other purposes. This 15th day of January, 1988. /s/ MARVIN ADAMS Representative, 79th District Georgia, Upson County: Personally appeared before me, the undersigned officer, duly authorized to administer oaths, MARVIN ADAMS, who, on oath, deposes and says that he is the Representative for the 79th District and that he is the author of the foregoing Bill, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times on January 20, 1988, which newspaper is the newspaper in which sheriff's advertisements appear for the County of Upson. /s/ Marvin Adams

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Sworn to and subscribed before me this 6th day of February, 1988. /s/ Cecil Ronald Barfield Notary Public, Upson County, Georgia (SEAL) Approved March 24, 1988. CITY OF MANSFIELDNEW CHARTER. No. 988 (House Bill No. 1708). AN ACT To provide a new charter for the City of Mansfield; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; 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 purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Mansfield in Newton 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 Mansfield. References in this charter to the city or this city refer to the City of Mansfield. The city shall have perpetual existence. Section 1.11 . Corporate boundaries. 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 city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Mansfield, 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. Section 1.12 . Municipal powers. (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. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;

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(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license 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 and building trades; (5) 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 the failure to pay any city taxes or fees; (6) 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, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists

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inside or outside 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; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) 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 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; (11) 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; (12) 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; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment

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of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) 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; (16) Municipal 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 the same; (17) 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; (18) 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; (19) 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; (20) 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 plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities

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are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. 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, 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; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;

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(28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) 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, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private

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use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) 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; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) 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 provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) 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 the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; 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, 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 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of

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this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 24 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11 . Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and 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. 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. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Mansfield shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election.

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(e) On the Tuesday next following the first Monday in November, 1988, and on that day biennially thereafter, there shall be elected the councilmembers from Posts 3, 4, and 5. Then, on the Tuesday next following the first Monday in November, 1989, and on that day biennially thereafter, there shall be elected a mayor and the councilmembers from Posts 1 and 2. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 . Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members 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, as now or hereafter amended. Section 2.13 . 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 2.14 . Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected.

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Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . 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 official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest.

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(b) Any elected official, appointed officer, or employee who has 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 councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) 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 governmental entity 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 a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) 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 subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law;

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(4) Knowingly violating Section 2.16 or any other 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 state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Newton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Newton County following a hearing on a compliant seeking such removal brought by any resident of the City of Mansfield. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. 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 of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:

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I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . 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 council shall be punished as provided by ordinance. Section 3.13 . 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 meeting shall be served on all other members personally, or by telephone personally. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting, except by unanimous approval of all councilmembers present. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting.

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(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (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 a journal 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 and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (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 Mansfield hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish;

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provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18 . 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 councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall 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 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 councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies

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of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (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 3.20 . Codification of ordinances. (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. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain 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 Mansfield, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shal be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor

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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 Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . 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) 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 3.13; (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

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government, and promotion of the welfare of its inhabitants as he may deem expedient; (10) Approve or disapprove ordinances as provided in Section 3.23; (11) Require any department or agency of the city to submit written reports whenever he deems it expedient; (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 3.23 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the city 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 city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (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

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passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other 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 or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 4.11 . Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function

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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, terms of office, or manner of appointment is prescribed by this charter or by 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) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by 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 perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (f) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (g) Except as otherwise provided by this charter or by 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 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, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12 . City attorney. The city 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

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city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. Section 4.14 . Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 4.15 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and

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(5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Mansfield. Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by 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 shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.

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(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to 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 bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution 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. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of 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 law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state

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to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Newton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. 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 applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. 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, of 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. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid.

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The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by 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 within the city 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 may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide

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by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. 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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance

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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 . Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23 . Budget ordinance, The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Operating budget. 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 shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing

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fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than December of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27 . Changes in budget. 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 purposes. Section 6.28 . Capital improvements. (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 shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements

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proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were 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. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. Section 6.29 . Audits. 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 government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.

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Section 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity 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 law. Section 7.11 . Rules and regulations. All ordinances, resolutions, 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.

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Section 7.12 . Charter language on other general 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 completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act to establish a new charter for the Town of Mansfield, approved August 21, 1906 (Ga. L. 1906, p. 838), as amended, is repealed in its entirety. Section 7.15 . General 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 1988 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Mansfield; to provide for all matters relating thereto; to repeal an Act to establish a charter for the town of Mansfield, approved August 21, 1906 (Ga. L. 1906, p. 838), as amended; to repeal conflicting laws; and for other purposes. This 29th day of January 1988. Honorable Frank E. Stancil Representative, 66th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on

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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 Covington News which is the official organ of Newton County, on the following date: February 4, 1988. /s/ Frank E. Stancil Representative, 66th District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. WILCOX COUNTYBOARD OF COMMISSIONERS; ELECTIONS; DISTRICTS; VACANCIES. No. 989 (House Bill No. 1672). AN ACT To amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, so as to provide for the election of the members of the board; to provide for election procedures, qualifications, and terms; to provide for commissioner districts; to provide for an oath of office; to provide for vacancies; to provide for legislative intent; 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 Wilcox County, approved March 24, 1939 (Ga. L. 1939, p.

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782), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: Section 2. Wilcox County shall be divided into five commissioner districts and each district shall be entitled to one commissioner. Such districts shall be constituted and bounded as follows: Commissioner District 1 All that territory lying within the following described boundaries: Beginning at the northwest corner of the county, thence proceed east along the northern boundary of the county to a point where County Road 110 runs along the northern boundary of the county; thence east along County Road 110 to County Road 145; thence south along County Road 145 to County Road 51; thence proceed in a southeasterly direction along County Road 51 to where it meets with County Road 253; thence continue in a generally southeasterly direction along County Road 253 to the Brushy Creek; thence proceed in a southwesterly direction along the run of Brushy Creek to a point north of County Road 153 where the run of said Brushy Creek intersects with County Road 24; thence north along County Road 24 to County Road 38; thence west along County Road 38 to County Road 39; thence north along County Road 39 to County Road 12; thence west along County Road 12 to Georgia Highway 112; thence south along Georgia Highway 112 to County Road 24; thence north along County Road 24 to County Road 36; thence east along County Road 36 to County Road 26; thence south along County Road 26 to County Road 137; thence south along County Road 137 to a point where it intersects with the City Limits of the City of Rochelle; thence proceed in a generally southeasterly direction along the limits of the City of Rochelle to Georgia Highway 30; thence west along Georgia Highway 30 to County Road 243; thence in a generally northwesterly direction along County Road 243 to County Road 254; thence northeast along County Road 254 to Georgia Highway 215; thence north along Georgia Highway 215 to the western boundary of Wilcox County; thence north along the western boundary of Wilcox County to the point of beginning.

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Commissioner District 2 All that territory lying within the following described boundaries: Beginning on the eastern boundary of Wilcox County at a point where Georgia Highway 30 intersects said boundary; thence proceed west along Georgia Highway 30 to County Road 35; thence west along County Road 35 to County Road 210; thence north along County Road 210 to County Road 36; thence west along County Road 36 to County Road 211; thence north along County Road 211 to County Road 253; thence northwest along County Road 253 to Folsom Creek; thence southwest along the run of the northern tributary of Folsom Creek to County Road 33; thence north along County Road 33 to County Road 253; thence northwest along County Road 253 to where it meets with County Road 51; thence northwest along County Road 51 to County Road 145; thence north along County Road 145 to County Road 110; thence west along County Road 110 to where it meets with the northern boundary of Wilcox County; thence proceeding in a generally easterly direction along the northern boundary of Wilcox County and continuing in a southerly direction along the Ocmulgee River which is the eastern boundary of Wilcox County to the point of beginning. Commissioner District 3 All that territory lying within the following described boundaries: Beginning at a point on the western boundary of Wilcox County where Georgia Highway 215 intersects with said boundary; thence run southeast along Georgia Highway 215 to County Road 254; thence southeast along County Road 254 to County Road 76; thence south along County Road 76 to Georgia Highway 30; thence west along Georgia Highway 30 to the first tributary of the Alapaha River; thence south along said tributary to the confluence of the Alapaha River and continuing along the run of said river in a southerly direction to the southern boundary of Wilcox County; thence west along the southern boundary of Wilcox County to the western boundary of Wilcox County; thence north along the western boundary of Wilcox County to the point of beginning.

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Commissioner District 4 All that territory lying within the following described boundaries: Beginning at the southern boundary of Wilcox County at a point where County Road 123 intersects with said southern boundary; thence proceed north along County Road 123 to County Road 68; thence west along County Road 68 to County Road 232; thence north along County Road 232 to County Road 32; thence northwest along County Road 32 to County Road 70; thence east along County Road 70 to County Road 207; thence north along County Road 207 to County Road 28; thence northeast along County Road 28 to County Road 33; thence north along County Road 33 to County Road 253; thence northwest along County Road 253 to the Brushy Creek; thence southwest along the run of the Brushy Creek to a point north of County Road 153 where the Brushy Creek crosses County Road 24; thence north along County Road 24 to County Road 38; thence west along County Road 38 to County Road 39; thence north along County Road 39 to County Road 12; thence west along County Road 12 to Georgia Highway 112; thence south along Georgia Highway 112 to County Road 24; thence north along County Road 24 to County Road 36; thence east along County Road 36 to County Road 26; thence south along County Road 26 to County Road 137; thence south along County Road 137 to a point where said road meets the City Limits for the City of Rochelle; thence southeast along the City Limits of the City of Rochelle to Georgia Highway 30; thence west along Georgia Highway 30 to County Road 243; thence northwest along County Road 243 to County Road 254; thence northwest along County Road 254 to County Road 76; thence south along County Road 76 to Georgia Highway 30; thence west along Georgia Highway 30 to the first tributary of the Alapaha River; thence south along said tributary to the confluence of the Alapaha River and continuing in a southerly direction along the run of the Alapaha River to the southern boundary of Wilcox County; thence east along the southern boundary of Wilcox County to the point of beginning.

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Commissioner District 5 Beginning on the eastern boundary of Wilcox County at a point where Georgia Highway 30 crosses said boundary; thence proceed west along Georgia Highway 30 to County Road 35 thence northwest along County Road 35 to County Road 210; thence north along County Road 210 to County Road 36; thence west along County Road 36 to County Road 211; thence north along County Road 211 to County Road 253; thence northwest along County Road 253 to Folsom Creek; thence southwest along the run of Folsom Creek and continuing along the northern tributary of said creek to a point where said northern tributary crosses County Road 33; thence south along County Road 33 to County Road 28; thence southwest along County Road 28 to County Road 207; thence south along County Road 207 to County Road 70; thence west along County Road 70 to County Road 32; thence southeast along County Road 32 to County Road 232; thence southwest along County Road 232 to County Road 68; thence east along County Road 68 to County Road 123; thence south along County Road 123 to the southern boundary of Wilcox County; thence east along the southern boundary of Wilcox County to the western boundary of Wilcox County which is the run of the Ocmulgee River; thence in a generally northwesterly direction along the western boundary of Wilcox County to the point of beginning. Section 2 . Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. (a) At the general election in 1988 and every four years thereafter, a member of the board of commissioners shall be elected from Commissioner Districts 1 and 5. At the general election in 1990 and every four years thereafter, a member of the board of commissioners shall be elected from Commissioner Districts 2, 3, and 4. Candidates for each commissioner district shall be required to reside within their respective districts and shall be voted on and elected solely by a majority vote of the voters who reside in such districts

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voting in such election. Each member of the board shall be elected for a term of office of four years and until his successor is elected and qualified and shall take office on the first day of January following his election. (b) Before entering upon the discharge of his duties, each commissioner shall take and subscribe to the following oath: `I,, do solemnly swear that I will support the Constitution of the United States and of the State of Georgia and that I will well, truly, and faithfully discharge the duties of commissioner of Wilcox County during my continuance in office according to law and to the best of may knowledge and ability without fear or affection to any person, firm, or corporation, so help me God.' (c) Each commissioner shall give a bond in the sum of $1,000.00, except the chairman of the board who shall give a bond in the sum of $5,000.00, in a good and solvent fidelity and guarantee company, payable to the judge of the Probate Court of Wilcox County and his successors in office, conditioned for the faithful discharge of the duties of his office, which shall be duly filed and recorded in the office of the judge of the probate court, as the bonds of other county officers. The premium on such bond shall be paid out of the general funds of Wilcox County. Each commissioner shall be commissioned by the Governor and all future commissioners shall likewise be commissioned. Section 3 . Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. Should a vacancy occur in the membership of the board by death, resignation, or otherwise, the remaining members of the board shall appoint a successor for the remainder of the unexpired term from the commissioner district in which the vacancy exists. Should the board fail to appoint a person to fill the vacancy within 30 days from the date the vacancy occurred, then and in that event, the judge of the Probate Court of Wilcox County shall be advised

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of such failure by the chairman or, if the chairman is unable, then by the acting chairman and in that event the judge of the probate court shall appoint a successor for the remainder of the unexpired term from the commissioner district in which the vacancy exists. Section 4 . It is the purpose of this Act to implement the provisions of the July 30, 1987, order of the United States District Court for the Middle District of Georgia, Albany-Americus Division, in Teague v. Wilcox County , Civil Action No. 87-80-ALB-AMER. Section 5 . 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 1988 Session of the General Assembly of Georgia a bill to amend the boundaries of the County Commission Districts, precinct boundaries and method of election of County Commissioners of Wilcox County; to provide for related matters; and for other purposes. This 30th day of December, 1987. Newt Hudson State Representative District 117 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Wilcox County, on the following date: January 14, 1988. /s/ Newt Hudson Representative, 117th District

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Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF KENNESAWMAYOR; COUNCILMEN; COMPENSATION. No. 990 (House Bill No. 1778). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the compensation of the mayor, the councilmen, and the mayor pro tem; to provide 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 Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by striking in its entirety Section 2.09 and inserting in lieu thereof a new Section 2.09 to read as follows: Section 2.09. Compensation and expenses. The mayor shall receive $1,200.00 per month; the mayor pro tem shall receive $750.00 per month; and each councilman shall receive $600.00 per month for compensation for their services as such. Each councilman, the mayor pro tem, and the mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance of their duties

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of office. Said compensation and expenses shall be paid from the funds of the City of Kennesaw. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 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 the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Stephen P. Thompson, who, on oath, deposes and says that he is Representative from the

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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 date: January 8, 1988. /s/ Stephen P. Thompson Representative, 20th District Sworn to and subscribed before me, this 12th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF DOUGLASHOMESTEAD EXEMPTION; REFERENDUM. No. 991 (House Bill No. 1783). AN ACT To provide a $10,000.00 homestead exemption from City of Douglas ad valorem taxes for residents of that city who are age 65 years or over and who have adjusted gross income not exceeding $10,000.00; to provide for all matters 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 . For purposes of this Act, the term homestead means such term as defined and qualified in Code Section 48-5-40 of the O.C.G.A.

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Section 2 . Each resident of the City of Douglas, Georgia, who is 65 years of age or over is granted an exemption from City of Douglas ad valorem taxes in the amount of $10,000.00 on a homestead owned and occupied by such person if the resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also occupies and resides at such homestead, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, the term adjusted gross income shall have the same meaning as that term is defined in the United States Internal Revenue Code of 1986, as now or hereafter amended. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. Section 3 . The governing authority of the City of Douglas or its designee shall application forms for the exemption granted by this Act and shall require such information, including copies of federal income tax returns, as may be necessary to determine eligibility for the exemption. Section 4 . The exemption provided for by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the governing authority of the City of Douglas or its designee in the event that such person for any reason becomes ineligible for that exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, or county taxes for county purposes. Section 6 . The exemption granted by this Act shall be in lieu of any other homestead exemption from City of Douglas ad valorem taxes. Section 7 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1989. Section 8 . The exemption granted by this Act shall be administered and granted by the governing authority of the City of Douglas or its designee in the same manner as provided

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by general law; and, unless otherwise expressly provided in this Act, all provisions of general law shall apply to the exemption granted by this Act. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Douglas shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Douglas for approval or or rejection. The election superintendent shall set the date of such election for the date of the municipal general election on the first Tuesday in June in 1989 and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Coffee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which grants a $10,000.00 homestead exemption from City of Douglas ad valorem taxes to each resident who is 65 years of age or over if such resident's adjusted gross income does not exceed $10,000.00? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Douglas. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 10 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide a $10,000.00 homestead exemption from City of Douglas ad valorem taxes for residents of the city who are 65 years of age or over and who have adjusted gross income not exceeding $10,000.00; to provide for a referendum; and for other purposes. This 10th day of February, 1988. James C. Moore Honorable James C. Moore Representative, 139th District PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned officer authorized by law to administer oaths in the State of Georgia, Tom Frier, Jr., who after being duly sworn, states that he is Publisher of The Douglas Enterprise, with principal offices in Douglas, Coffee County, Georgia, being the official organ of City of Douglas and having general circulation within the area of City of Douglas, and who further states the advertisement, a true copy of which is affixed hereto, was published in The Douglas Enterprise Feb. 10, 1988. /s/ Tom Frier, Jr., Publisher, The Douglas Enterprise Sworn to and subscribed before me, this 12 day of Feb. 1988. /s/ Linda Grantham Notary Public, Georgia State at Large My Commission Expires July 4, 1988 (SEAL) Approved March 24, 1988.

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COBB COUNTYSCHOOL SYSTEM; HOMESTEAD EXEMPTION; REFERENDUM. No. 992 (House Bill No. 1894). AN ACT To provide for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, except taxes to retire bonded indebtedness of the Cobb County School System, for residents of the Cobb County School District who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of authority; to provide for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof; to provide for qualifications, practices, and procedures; to provide for forms and certificates; to provide for the applicability or inapplicability of other exemptions; to provide for exceptions; to provide for superseding certain exemptions or portions thereof; 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 . This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution of the State of Georgia of 1983, which authorizes the granting of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Section 2 . Each resident of the Cobb County School District who is disabled is granted an exemption from all Cobb County School System ad valorem taxes, except taxes to retire bonded indebtedness of the Cobb County School System, in the amount of $22,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $12,000.00 for the immediately preceding taxable year for income tax purposes. For the

Page 4287

purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for in this Act, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the Official Code of Georgia Annotated certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he or his agent provides the tax commissioner of Cobb County with the certificates provided for in this Act and files an application with such tax commissioner giving the amount of income which he and his spouse received during the last taxable year for income tax purposes and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for a homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such certificates thereafter for any year and such exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event he becomes ineligible for any reason for the exemption provided in this Act. The increased exemption provided for in this Act shall apply to all taxable years beginning after December 31, 1988.

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Section 3 . The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to any exemption from Cobb County School System ad valorem taxes which is lower in amount for any taxable year and which is granted by the Constitution or laws of this state. If the amount of any other exemption applicable to any resident is greater than or is increased to an amount greater than the amount of the exemption granted by Section 2 of this Act, then such exemption shall apply rather than the exemption granted by Section 2 of this Act. Section 4 . The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied on behalf of Cobb County for county purposes, state taxes, or municipal taxes. Section 5 . The exemption granted by Section 2 of this Act shall supersede that portion of an amendment to the Constitution of 1976 contained in Ga. L. 1980, p. 2098 and continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia of 1983, which granted an exemption from all Cobb County School System ad valorem taxes, but only to the extent such exemption applied to school system taxes and not to county taxes other than county school system ad valorem taxes. This Act shall not affect or supersede any existing homestead exemption from Cobb County ad valorem taxes other than Cobb County School System ad valorem taxes. Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cobb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Cobb County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Cobb County. The ballot shall have written or printed thereon the words:

Page 4289

() YES () NO Shall the Act be approved which provides for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, except taxes to retire the bonded indebtedness of the Cobb County School System, for residents of the Cobb County School District who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Cobb County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to provide for a homestead exemption from a 11 Cobb County School System ad valorem taxes, including taxes to retire bonded indebtedness of the Cobb County School System, for certain residents of the Cobb County School District who are disabled; to provide for a referendum; and for other purposes. This 11th day of February, 1988. Signed, Fred Aiken, Secretary of Cobb Delegation

Page 4290

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Wilder, 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 date: February 14, 1988. /s/ Tom Wilder Representative, 21st District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF KINGSLANDCORPORATE LIMITS. No. 993 (House Bill No. 1831). AN ACT To amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to change the corporate limits of such municipality; 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 Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended,

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is amended by adding a new section immediately following Section 1, to be designated Section 1A, to read as follows: Section 1A. In addition to any territory lying within the corporate limits of the City of Kingsland, such corporate limits shall also include the following: (1) All that tract or parcel of land lying and being in the 31st Georgia Militia District, Camden County, Georgia; to wit: To begin, start at a half-inch rebar set at the intersection of the west right-of-way of Old Still Road 100-foot R/W (paved) and the east right-of-way of Kinlaw Road 80-foot R/W (paved) with this rebar being the Point of Beginning; From the Point of Beginning, go N 28 degrees 55[UNK]46[UNK] W along the east right-of-way of Kinlaw Road 80-foot R/W a distance of 1208.97 feet to a half-inch rebar set on said right-of-way; this rebar is the Point of Curvature (D.O.T. P.C. STA. 21 + 49.4) of a curve which is concave to the east having a cord bearing of N 34 degrees 14[UNK]19[UNK] W with a chord distance of 537.56 feet, an arc of 538.33 feet, and a radius of 2864.75 going to a Georgia Power metal monument found on the east right-of-way of Kinlaw Road and the south corner of the O.R.E.M.C. Substation property; then go N 50 degrees 12[UNK]08[UNK] E along the southeast line of the O.R.E.M.C. Substation property a distance of 400.18 feet to a Georgia Power metal monument found on the east corner of said Substation property; then go N 39 degrees 45[UNK]50[UNK] W along the northeast line of said Substation property a distance of 200.99 feet to a concrete monument found on the north corner of said Substation property and the east corner of the Georgia Power Substation property; then go N 39 degrees 48[UNK]40[UNK] W along the northeast line of the Georgia Power Substation property a distance of 300.14 feet to a concrete monument found on the north corner of said Substation property; then go S 50 degrees 13[UNK]14[UNK] W along the northwest line of said Substation property a distance of 400.04 feet to a concrete monument found on the west corner of said property and the east right-of-way of Kinlaw Road 80-foot R/W (paved); then go N 39 degrees 46[UNK]46[UNK] W along said east right-of-way a distance of 1361.28 feet to a half-inch rebar set on said right-of-way;

Page 4292

this rebar is the Point of Curvature (D.O.T. P.C. STA. 45 + 42.7) of a curve having a chord bearing of N 39 degrees 36[UNK]23[UNK] W with a chord distance of 11.28 feet, an arc of 11.28 feet, and a radius of 1910.00 going to a half-inch rebar set on the east right-of-way of Kinlaw Road and the southwesterly corner of the N/F Trust U/W Sidney Gross property; then go S 86 degrees 25[UNK]40[UNK] E along the south line of the N/F Gross property (crossing through a GA Power 187.5 foot easement) a distance of 2882.42 feet to a half-inch rebar set on the southeasterly corner of said N/F Gross property and the west right-of-way of Old Still Road 100-foot R/W (paved); this rebar is a point on a curve having a chord bearing of S 26 degrees 06[UNK]55[UNK] W with a chord distance of 55.83 feet, an arc of 55.83 feet, and a radius of 2864.75 going to a concrete monument found on the west right-of-way of Old Still Road with this monument being the Point of Tangency (D.O.T. P.C. STA. 55 + 60.21); then go S 26 degrees 41[UNK]00[UNK] W along said right-of-way a distance of 661.21 feet to a concrete monument found; this concrete monument is the Point of Curvature (D.O.T. P.T. STA. 48 + 04.3 Bk., 48 + 99.0 Fwd.) of a curve which is concave to the west having a chord bearing of S 16 degrees 28[UNK]13[UNK] W with a chord distance of 1037.34 feet, an arc of 1042.86 feet, and a radius of 2875.37 going to a concrete monument found on said west right-of-way with this monument being the Point of Tangency (D.O.T. P.C. STA. 37 + 79.3); then go S 06 degrees 15[UNK]27[UNK] W along said west right-of-way a distance of 601.71 feet to a concrete monument found on the west right-of-way of Old Still Road; this monument is the Point of Curvature (D.O.T. P.T. STA. 31 + 76.5) of a curve which is concave to the east having a chord bearing of S 11 degrees 09[UNK]40[UNK] W with a chord distance of 482.26 feet, an arc of 482.84 feet, and a radius of 2884.19 going to a concrete monument on said west right-of-way with this monument being the Point of Tangency (D.O.T. P.C. STA 26 + 84.8); then go S 16 degrees 02[UNK]36[UNK] W along said right-of-way a distance of 58.37 feet to a half-inch rebar set with this rebar being the Point of Beginning. The above described tract of land contains 75.00 acres. (2) All that tract or parcel of land lying and being in the 29th Georgia Militia District, Camden County, Georgia; to wit:

Page 4293

To find the Point of Beginning, start at a concrete monument located on the south right-of-way of Kings Bay Road 130-foot right-of-way (paved) with this concrete monument being the Point of Commencement; From the Point of Commencement go northeasterly along the south right-of-way of Kings Bay Road 130-foot right-of-way (paved) a distance of 657.24 feet to a pipe found with this pipe being the Point of Beginning; From the Point of Beginning go N 67 degrees 07[UNK]30[UNK] E along the south right-of-way of Kings Bay Road 130-foot right-of-way (paved) a distance of 230.00 feet to a pipe and a half-inch rebar found on said right-of-way and the northwest corner of Parcel 7-A East, Tax Map 121; then go S 22 degrees 52[UNK]30[UNK] E along the west line of the northern section of Parcel 7-A East a distance of 300.00 feet to a pipe and a half-inch rebar found; then go S 72 degrees 49[UNK]10[UNK] E along the south line of the northern section of Parcel 7-A East a distance of 273.28 feet to a pipe found; then go S 17 degrees 10[UNK]50[UNK] W along the west line of Parcel 7-A East a distance of 834.71 feet to a pipe found; then go N 72 degrees 49[UNK]10[UNK] W along the north line of the southern section of Parcel 7-A East a distance of 265.31 feet to a pipe found; then go S 62 degrees 40[UNK]02[UNK] W along the northwest line of the southern section of Parcel 7-A East a distance of 91.04 feet to a pipe found at the northwest corner of the southern section of Parcel 7-A East and the northeast corner of Parcel 7E; then go S 63 degrees 04[UNK]04[UNK] W along the northwest line of Parcel 7E a distance of 208.80 feet to a pipe found on the northwest corner of Parcel 7E and the east right-of-way of Georgia State Highway No. 40 (paved) whose right-of-way varies; then go N 26 degrees 57[UNK]54[UNK] W along said east right-of-way a distance of 229.89 feet to a half-inch rebar found on said right-of-way and the south corner of Parcel 7-A West; then go N 63 degrees 03[UNK]04[UNK] E along the east line of Parcel 7-A West a distance of 120.67 feet to a pipe; this pipe is the Point of Curvature of a curve having a chord bearing of N 40 degrees 07[UNK]00[UNK] E with a chord distance of 92.09 feet, an arc of 94.60 feet, and a radius of 118.1596 feet going to a point on the east line of Parcel 7-A West with this point being the Point of Tangency; then go N. 17 degrees 10[UNK]50[UNK]

Page 4294

E along the east line of Parcel 7-A West a distance of 594.70 feet to a point; this point is the Point of Curvature of a curve having a chord bearing of N 02 degrees 50[UNK]50[UNK] W with a chord distance of 93.95 feet, an arc of 95.89 feet, and a radius of 137.1616 feet going to a pipe found with this pipe being the Point of Tangency; then go N 23 degrees 11[UNK]47[UNK] W along the east line of Parcel 7-A West a distance of 142.72 feet to a pipe found with this pipe being the Point of Beginning. The above described tract of land contains 12.0749 acres. (3) All that tract or parcel of land lying and being in the 29th Georgia Militia District, Camden County, Georgia; to wit: To find the Point of Beginning, start at a concrete monument located on the south right-of-way of Kings Bay Road 130-foot right-of-way (paved) with this concrete monument being the Point of Commencement; From the Point of Commencement go northeasterly along the south right-of-way of Kings Bay Road 130-foot right-of-way (paved) a distance of 887.24 feet to a half-inch rebar found and a pipe found with this rebar and pipe being the Point of Beginning; From the Point of Beginning go N67 degrees 07[UNK]30[UNK] E along the south right-of-way of Kings Bay Road 130-foot right-of-way (paved) a distance of 1181.41 feet to a half-inch rebar found on said south right-of-way and the west line of a dirt road 30-foot plus or minus (graded); then go S 13 degrees 49[UNK]06[UNK] W along the west line of said dirt road a distance of 169.58 feet to a concrete monument found; then go S 17 degrees 10[UNK]59[UNK] W along said west line a distance of 2108.44 feet to a 1/2 inch rebar found on said west line and the northeast corner of Parcel 7-B; then go N 72 degrees 48[UNK]48[UNK] W along the northern line of Parcel 7-B a distance of 227.81 feet to a half-inch rebar found; then go S 63 degrees 02[UNK]20[UNK] W along the northern line of Parcel 7-B a distance of 333.56 feet to a half-inch rebar found on the northwest corner of Parcel 7-B and the east right-of-way of Georgia State Highway No. 40 (paved) whose right-of-way varies; then go N 26 degrees 53[UNK]38[UNK] W along said east right-of-way a distance of 454.03 feet to a point on said right-of-way and the

Page 4295

southern corner of Parcel 7-E; then go N 63 degrees 08[UNK]00[UNK] E along the southeast line of Parcel 7-E a distance of 208.73 to a half-inch rebar found on the east corner of Parcel 7-E; then go N 26 degrees 48[UNK]22[UNK] W along the northeast line of Parcel 7-E a distance of 208.84 feet to a pipe found on the north corner of Parcel 7-E and the southeast line of Parcel 7-C; then go N 62 degrees 40[UNK]02[UNK] E along the southeast line of Parcel 7-C a distance of 91.04 feet to a pipe found on the southeast line of Parcel 7-C; then go S 72 degrees 49[UNK]10[UNK] E along said southeast line a distance of 265.31 feet to a pipe found on the southeast corner of Parcel 7-C; then go N 17 degrees 10[UNK]50[UNK] E along the east line of Parcel 7-C a distance of 834.71 feet to a pipe found on the northeast corner of Parcel 7-C; thence go N 72 degrees 49[UNK]10[UNK] W along the south line of the northern section of Parcel 7-C a distance of 273.28 to a pipe and a half-inch rebar found; then go N 22 degrees 52[UNK]30[UNK] W along the northeast line of the northern section of Parcel 7-C a distance of 300.00 feet to a pipe and a half-inch rebar found with this also being the Point of Beginning. The above described tract of land contains 29.6498 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 1988 session of the Georgia General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Kingsland, Georgia approved August 15, 1927 (Ga. L. 1927, P. 1241), as amended, so as to change the corporate limits of the city, and for other purposes. This 4th day of February, 1988. S. Keith Dixon, Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian

Page 4296

which is the official organ of Camden County, on the following date: February 4, 1988. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. GWINNETT COUNTYBOARD OF REGISTRATIONS AND ELECTIONS; CREATION. No. 994 (House Bill No. 995). AN ACT To provide for a Gwinnett County Board of Registrations and Elections; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an elections supervisor, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide definitions; to provide for 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 . There is created in Gwinnett County a board of registrations and elections which shall have jurisdiction over

Page 4297

the conduct of primaries and elections and the registration of electors in such county in accordance with the provisions of this Act. Such board shall be known as the Gwinnett County Board of Registrations and Elections. Section 2 . Such board shall be composed of five members, each of whom shall be an elector and a resident of the county, and who shall be selected in the following manner: (1) Two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly, and two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees at least 60 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds' majority of the membership of such executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office then such members shall be appointed in accordance with Section 5 of this Act; and (2) The fifth member of the board shall be appointed by a majority vote of the county governing authority. Said fifth member shall be appointed within 30 days of the time at which the party appointed members are to take office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under

Page 4298

this paragraph shall also be entered upon the minutes of the governing authority of the county. The appointment of the member at large shall not be governed by Section 5 of this Act. Section 3 . No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of membership of any member shall be deemed vacant upon such member qualifying as a candidate for an elective office. The elections supervisor shall not be eligible to serve as a member of the board. Section 4 . (a) The appointment of each member shall be made by the respective appointing authority filing an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, stating the name and residence address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. (b) The appointment of the fifth member of the board, known as the member at large, shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court no later than 15 days preceding the date at which such member is to take office, stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act. (c) The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for registrars. Section 5 . In the event any appointing authority fails (1) to make a regular appointment or election within the times specified in Section 2 or Section 4 of this Act, or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of the county.

Page 4299

Section 6 . Each member of the board shall: (1) Serve for a term of two years and until a successor is appointed or elected and qualified, except in the event of resignation or removal as hereinafter provided; (2) Be eligible to succeed such member and shall have the right to resign at any time by giving written notice of such resignation to the respective appointing authority and to the clerk of the superior court; and (3) Shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars. Section 7 . In the event a vacancy occurs in the office of any member before the expiration of a term, by removal, death, resignation, or otherwise, the respective authority shall appoint a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 8 . (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on January 1, 1989. The board shall take no official action until all members have been certified to the clerk of the superior court. (b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 9 . (a) The Gwinnett County Board of Registrations and Elections shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents pursuant to the provisions of Title 21 of the O.C.G.A. (b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the O.C.G.A.

Page 4300

(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose. Section 10 . Any rule or regulation promulgated by a county executive committee under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board. Section 11 . (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the county governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. (b) The board shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation. Section 12 . With the consent of the governing authority, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion, or request for support, with respect to any political issue or matter of political concern. Section 13 . (a) The board shall be authorized and empowered to organize itself, elect its officers from within its own members, determine its procedural rules and regulations, adopt by-laws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board. Section 14 . (a) The board shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall

Page 4301

hold regular monthly meetings at the county courthouse or at the place of meeting of the county governing authority. Any special called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of whatever kind of the board shall be open to the public. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. Section 15 . The governing authority of the county shall be responsible for selecting and appointing an administrative director, to be known as the elections supervisor, to administer and supervise the conduct of elections, primaries, and registration of electors for the county. Compensation for the elections supervisor shall be determined and paid by the governing authority wholly from county funds. The elections supervisor shall serve at the pleasure of the governing authority. Section 16 . The governing authority of the county shall expend public funds to provide the elections supervisor with such proper and suitable administrative offices and with such clerical assistants and other employees as the governing authority shall deem appropriate in accordance with the merit system. Compensation for such administrative personnel shall be paid by the governing authority under the merit system wholly from county funds. Section 17 . The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practicable, from lists provided by the county executive committees of the two major political parties appointing members to the board. Section 18 . Compensation for board members shall be set by the county governing authority and shall be paid by the governing authority wholly from county funds. Section 19 . The words election, elector, political party, primary, and public office shall have the same meaning

Page 4302

as ascribed to those words by Title 21 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act. Section 20 . The provisions of this Act which are necessary for the appointment of the members of the Gwinnett County Board of Registrations and Elections who will take office January 1, 1989, shall be effective upon the approval of the Governor or upon the date which this Act becomes law without such approval and the remaining provisions of this Act shall become effective for all purposes on January 1, 1989. Section 21 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to provide for a Gwinnett County Board of Registrations and Elections; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an elections supervisor, clerical assistants, and other employees; to provide compensation for administrative personel and members of the board; to provide an effective date; and for other purposes. This 13 day of Feb., 1987. /s/ Mike Barnett Honorable Mike Barnett Representative, 59th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 20, 1987. /s/ O. M. Barnett Representative, 59th District

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Sworn to and subscribed before me, this 23rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. TIFT COUNTY AIRPORT AUTHORITYNAME CHANGED. No. 995 (House Bill No. 1867). AN ACT To amend an Act establishing the Tift County Airport Authority, approved March 21, 1968 (Ga. L. 1968, p. 2628), as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 2833), so as to change the name of such authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act establishing the Tift County Airport Authority, approved March 21, 1968 (Ga. L. 1968, p. 2628), as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 2833), is amended by adding between Sections 1 and 2 a new Section 1A to read as follows: Section 1A. The authority created by Section 1 of this Act is renamed the Tifton-Tift County Airport Authority. The word authority as used in this Act shall mean the Tifton-Tift County Airport Authority. Section 2 . Said Act is further amended by striking from the fifth undesignated paragraph of Section 2 the following:

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Tift County Airport Authority, and inserting in its place the following: Tifton-Tift County Airport Authority, so that when so amended the fifth undesignated paragraph of Section 2 shall read as follows: The members of the Tifton-Tift County Airport Authority shall serve without compensation. Section 3 . Said Act is further amended by striking from Section 5 the following: Tift County Airport Authority, and inserting in its place the following: Tifton-Tift County Airport Authority, so that when so amended Section 5 shall read as follows: Section 5. Said Tifton-Tift County Airport Authority shall not have power or authority to levy any tax of any kind for the purpose of providing revenue for its operation and the performing of its functions. However, said Authority is hereby granted the right to make such charges and assessments as it may deem appropriate for the use of any and all airport and aircraft facilities located in said County and any and all revenues produced and received by the said Authority from such purposes shall be used and utilized by such Authority as it may be deemed appropriate in performance of the functions herein stated. For the purposes of this section, the term `tax' shall mean to apply only to a general assessment through said county and shall not apply to any charges made by said Authority for the use of such services and facilities upon airports as is herein referred to. Section 4 . Said Act is further amended by striking from Section 8 the following:

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Tift County Airport Authority, and inserting in its place the following: Tifton-Tift County Airport Authority, so that when so amended Section 8 shall read as follows: Section 8. Said authority shall make, or cause to be made to the board of commissioners of roads and revenues and to the city commission of the City of Tifton, Georgia at least annually or at such other reasonable times as may be required by either said city commission or said board of commissioners of roads and revenues, a written certified auditor's report in duplicate showing the operation of said Tifton-Tift County Airport Authority. Said report shall contain and set forth the true condition of the affairs of said Authority, both from a financial standpoint and the services rendered, including receipts and disbursements, sources of receipts and purposes of disbursements, any and all indebtedness, cash on hand and accounts receivable and accounts payable. Said reports shall be signed by the chairman of said Authority and shall be filed and preserved in the office of the board of commissioners of roads and revenues and in the office of the city commission of Tifton, Georgia. The said Authority shall immediately furnish to either the commissioners of roads and revenues of Tift County, Georgia or to the city commission of the City of Tifton, Georgia any and all information requested in writing by either of said bodies as to the operation of said authority, its projects, and actions. Section 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 1988 session of the General Assembly of Georgia a bill to amend an Act establishing the Tift County Airport Authority, approved March 21, 1968 (Ga. L. 1968, p. 2628), as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 2833); and for other purposes.

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This 15th day of Feb., 1988. (s) Henry Bostick 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 date: February 20, 1988. /s/ Henry Bostick Representative, 138th District Sworn to and subscribed before me, this 23rd day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 24, 1988.

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CLAYTON COUNTYSCHOOL DISTRICT; SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 996 (House Bill No. 1861). AN ACT To provide that future school superintendents of the Clayton County School District shall be appointed by the board of education rather than elected; to provide for all related matters; 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 school superintendent of the Clayton County School District in office on the effective date of this Act shall serve out the term of office for which he was elected. Thereafter, future school superintendents of the Clayton County School District shall be appointed by the board of education of Clayton County rather than elected; and no election for school superintendent of the Clayton County School District shall be held in 1990. In the event of a vacancy in the office of school superintendent on or after the effective date of this Act, the vacancy shall be filled by appointment as provided in this Act. Section 2 . The board of education shall appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. Section 3 . Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clayton

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County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Clayton County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Clayton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that future school superintendents of the Clayton County School District shall be appointed by the board of education? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed. The expense of such election shall be borne by Clayton County. It shall be the superintendent's 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to give the people of Clayton County the opportunity to determine by referendum the method of selecting the Clayton County School

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Superintendent, either by election by the voters of Clayton County or by appointment by the Clayton County Board of Education; to provide for related matters; to repeal conflicting laws; and for other purposes. This 19th day of January, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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HENRY COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 997 (House Bill No. 1865). AN ACT To provide a $20,000.00 homestead exemption from Henry County School District ad valorem taxes for educational purposes for residents of that school district who are 62 years of age but below 65 years of age; to provide a $25,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 65 years of age but below 68 years of age; to provide a $30,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 68 years of age but below 70 years of age; to provide a $50,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 70 years of age or over or who are totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal a certain prior homestead exemption; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Henry County School District, including but not limited to taxes to retire school bond indebtedness. (2) General law exemption means that homestead exemption from county school district ad valorem taxes granted by Code Section 48-5-52 of the O.C.G.A. to persons 62 years of age or over. (3) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.

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Section 2 . Each resident of the Henry County School District who is at least 62 years of age but below 65 years of age is granted an exemption on that person's homestead from all Henry County School District ad valorem taxes for educational purposes in an amount of $20,000.00. Each resident of the Henry County School District who is at least 65 years of age but below 68 years of age is granted an exemption on that person's homestead from all Henry County School District ad valorem taxes for educational purposes in an amount of $25,000.00. Each resident of the Henry County School District who is at least 68 years of age but below 70 years of age is granted an exemption on that person's homestead from all Henry County School District ad valorem taxes for educational purposes in an amount of $30,000.00. Each resident of the Henry County School District who is 70 years of age or older or who is totally disabled is granted an exemption on that person's homestead from all Henry County School District ad valorem taxes for educational purposes in an amount of $50,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3 . (a) The tax commissioner of Henry County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner or the disability of the owner and such other information as may be necessary to determine eligibility of the owner for the exemption. (b) For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Henry County shall require appropriate proof of such disability, including if necessary the affidavits of not more than two licensed physicians as to the person's disability. (c) The exemptions granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52 of the O.C.G.A.; and except as expressly provided otherwise in this Act all provisions of general state law which apply to said exemption shall apply to the exemptions granted by this Act. Section 4 . (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, independent

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school district taxes, or county taxes for county purposes. (b) The exemptions granted by this Act shall apply to taxes for the year 1989 and future years. (c) The exemptions granted by this Act shall be in lieu of and not in addition to any other exemption from ad valorem taxes levied for the support of the Henry County School District. Without limiting the generality of the foregoing, it is specifically provided that the provisions of this Act shall as of January 1, 1989, supersede and repeal the provisions of that constitutional amendment relating to exemptions from Henry County School District ad valorem taxes for certain disabled and elderly citizens of Henry County, which constitutional amendment is set out at Ga. L. 1982, p. 2515. Section 5 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Henry County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides staggered homestead exemptions in amounts ranging from $20,000.00 to $50,000.00 from Henry County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who are 62 years of age or over or totally disabled and which supersedes and repeals prior exemptions from Henry County School District ad valorem taxes for the elderly and disabled?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Henry County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to provide homestead exemptions from Henry County School District ad valorem taxes for educational purposes for that school district to residents who are 62 years of age or older; to provide for a referendum; and for other purposes. This 12th day of February, 1988. Honorable Wesley Dunn Representative, 73rd District 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 date: February 17, 1988. /s/ Wesley Dunn Representative, 73rd District

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Sworn to and subscribed before me, this 19th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF SCOTLANDNEW CHARTER. No. 998 (House Bill No. 1850). AN ACT To reincorporate the City of Scotland, Georgia, and to grant a new charter to the said city; to repeal and replace the charter of Scotland granted by an Act approved August 19, 1911 (Ga. L. 1911, p. 1535), as amended; to provide for corporate powers; to provide for ordinances; to provide for the construction of this Act; to provide for corporate limits; to provide for a city council to be composed of a mayor and four councilmembers; to provide for the elections, qualifications, duties, powers, authority, compensation, and method of filling vacancies of the mayor and councilmembers; to provide for calling and conducting council meetings; to provide for quorums; to provide for ordinances, rules, regulations, bylaws, practices, and procedures; to provide for penalties; to provide that the mayor shall have a veto; to provide for overriding said veto; to provide for a mayor pro tempore and his election, duties, powers, and term of office; to provide for the suspension of elected officials; to provide for a city clerk and his appointment, duties, powers, authority, and compensation; to provide for surety bonds; to provide for the adoption of ordinances and the practices and procedures in connection therewith; to provide for the organization of city government and changes in such organization; to provide for the dismissal or the requested resignation of city employees and public hearings

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in connection therewith; to provide for a city administrator and his appointment, duties, authority, term of office, and compensation; to provide for a city attorney and his appointment, duties, powers, and compensation; to provide for oaths of office; to provide for the creation of a planning commission and its duties, powers, authority, and compensation; to provide for a municipal court and its jurisdiction; to provide for the penalties and punishments which may be imposed by said court; to provide for the issuance of warrants; to provide for appeals and the practices and procedures connected therewith; to provide that police officers of said city shall have certain powers and authority; to provide for bails and recognizances; to provide for the forfeiture of bonds, cash, or property; to provide for the taxation of property and the listing, assessing, and collecting of both real and personal property and the taxes thereon; to provide for the levy of taxes; to provide for due dates of tax bills; to provide for the collection of delinquent taxes; to provide for licenses and occupational taxes; to provide for garbage collection service charges; to provide for the transfer of executions; to provide for general obligation bonds and revenue bonds; to provide for the promulgation, adoption, and alteration of budgets for the city; to provide for regular and special elections and practices and procedures connected therewith; to provide for the qualification of electors and the applicability of general laws; to provide for the time and place of elections; to provide that those persons presently elected to office shall continue to serve until their successors are duly elected and qualified; to provide for absentee ballots; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CORPORATE POWERS AND CORPORATE LIMITS Section 1.01 . Reincorporation. This Act shall constitute the whole charter for the City of Scotland, Georgia, repealing and replacing the charter as provided by an Act approved August 19, 1911 (Ga. L. 1911, p. 1535), as amended. The City of Scotland, Georgia, in the Counties of Telfair and Wheeler, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of City of Scotland, and by that

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name shall have perpetual succession, may contract and be contracted with, may bring and defend actions, plead and be impleaded in all the courts of law and equity and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02 . Corporate powers. (a) The corporate powers of the City of Scotland, to be exercised by the city council, shall include 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) Business regulation and taxation. To levy and 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) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purpose authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) 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; (5) 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 corporate limits of the city; (6) 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

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of its citizens on such terms and conditions as the donor or grantor may impose; (7) 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 council, as prescribed by the O.C.G.A. as the same now exists or as may hereafter be amended; (8) 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 plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal and failure to pay same and the manner in which such remedies shall be enforced; (9) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission or laws of general application of this state; (10) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, 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 without notification; (11) Rights of way; public utilities. To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance

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of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment facilities, airports, hospitals, and charitable, cultural, educational, recreational, conservation, athletic, curative, correctional, 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 as prescribed by Title 22 of the O.C.G.A. as the same now exists or as may hereafter be amended; (13) Sidewalk maintenance. To require real estate owners to repair and maintain in 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 regulations. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing and building trades; and to license the construction and erection of buildings and all other structures; (15) Planning and zoning. To provide such comprehensive city planning for development by zoning, subdivision regulation, and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (16) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (17) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such ordinances;

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(18) Air and water pollution. To regulate the emission of smoke, gas, fumes, and exhaust which pollute the air and to prevent the pollution of natural streams which flow within the corporate limits of the city and the source or sources of water supply for the use and consumption of the city and its residents; (19) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (20) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is dangerous or detrimental to the public; (21) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, other metals, and paper and to provide for the sale of such items; (22) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services to the fullest extent allowed by Georgia law; to enforce the payment of such service charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (23) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; 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;

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(24) Sewer connection fee. To charge, impose, and collect a sewer connection fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system; (25) Definition; regulation of public health and welfare. 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; (26) Nuisances. To provide for the abatement of any hazard to the public health or other nuisance 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) Minimum standards. 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; (29) Jail sentences. To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works or on the streets, roads, drains, and squares in the city; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (30) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction

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of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (31) 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; (32) 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 amounts to be prescribed by ordinance; to require seat belts in such vehicles; and to regulate and rent parking spaces in public ways for the use of such vehicles; (33) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city; (34) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (35) Contracts. To enter into contracts and agreements with other government entities and with private persons, firms, and corporations providing for services to be furnished and payment to be made therefor; (36) 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; (37) Ordinances; regulations. 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;

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(38) 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; (39) City development; support of public facilities. To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries; (40) Other taxes. To impose, levy, and collect excise taxes, gross receipts taxes, sales or use taxes, amusement admission taxes, franchise taxes, occupational taxes, license taxes, or any other tax or taxes to the fullest extent allowable or not expressly prohibited by Georgia law; (41) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside 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 of Scotland; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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. (b) No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to

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municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.03 . Ordinances. All ordinances, bylaws, rules, and regulations now in force in said city not inconsistent with this charter are declared valid and of force until amended or repealed by the council of said city. Section 1.04 . Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city within its corporate limits and to conduct all of its affairs. Section 1.05 . City boundaries. The corporate limits of the City of Scotland shall include all lands encompassed by a line running as follows: BEGINNING at the North corner of Land Lot Number 255 in the 10th Land District of Wheeler County, Georgia (said Land Lot No. 255 lying partly in Wheeler County, Georgia and partly in Telfair County, Georgia) and running thence South 46 degrees 12 minutes East, along the Northeast Land Lot Line of said Land Lot 2748.58 feet to the East corner of said Lot (the East corner of said Lot being situate on the district line dividing the 7th and 10th Land Districts of Telfair and Wheeler Counties, Georgia, and being also situate on the Northwest Land Lot Line of Land Lot No. 304); thence North 45 degrees East, along the Northwest Land Lot Line of Land Lot No. 304 (said Land Lot No. 304 lying primarily in Telfair County, Georgia, but a portion of which extends across the Little Ocmulgee River into Wheeler County, Georgia), a distance of 292.30 feet to the North corner of said Land Lot No. 304; thence South 45 degrees 07 minutes East, along the Northeast Land Lot Line of said Land Lot No. 304 and along the Northeast Land Lot Line of Land Lot No. 305 (all of said Land Lot No. 305 being situate in Telfair County, Georgia) a distance of 5793.95 feet to the East corner of Land Lot No. 305; thence South 45 degrees

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23 minutes West, along the Southeast Land Lot Line of Land Lot No. 305 and along the Southeast Land Lot Line of Land Lot No. 302 in the 7th Land District of Telfair County, Georgia, a distance of 4733.03 feet to a point; thence North 45 degrees 10 minutes West, across Land Lot No. 302 and 303 in the 7th Land District of Telfair County, Georgia, and continuing across Land Lot No. 226 in the 10th Land District of Telfair County, Georgia, a distance of 8480.20 feet to a point on the Northwest Land Lot Line of said Land Lot No. 226 in the 10th Land District of Telfair County, Georgia; thence North 45 degrees East, along the Northwest Land Lot Line of said Land Lot No. 226 and continuing along the Northwest Land Lot Line of Land Lot No. 225 in the 10th Land District of Telfair and Wheeler Counties, Georgia, a distance of 4395.09 feet to the North corner of Land Lot No. 255 and the POINT OF BEGINNING. The corporate limits of the City of Scotland encompass the Northeast one-half of Land Lot No. 226 in the 10th Land District of Telfair County, Georgia, the whole of Land Lot No. 255 in the 10th Land District of Telfair and Wheeler Counties, Georgia, the Northeast one-half of Land Lot No. 303 in the 7th Land District of Telfair County, Georgia, the whole of Land Lot No. 304 in the 7th Land District of Telfair and Wheeler Counties, Georgia, and the Northeast one-half of Land Lot No. 302 in the 7th Land District of Telfair County, Georgia, and the whole of Land Lot No. 305 in the 7th Land District of Telfair County, Georgia. ARTICLE II CITY GOVERNMENT; ORGANIZATION; PERSONNEL Section 2.01 . Establishment of city government. The corporate governmental powers of the City of Scotland shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by the duly established ordinances of the City of Scotland. Section 2.02 . Terms of office and limitations thereon. (a) Mayor; term of office. The term of office of the mayor of the City of Scotland shall begin at the first regular meeting of the council in January next succeeding his election and shall continue

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for two years and until his successor is elected and qualified, and there shall be no limitation preventing succession. (b) City council; terms of office. The terms of office for members of the city council shall begin at the first regular meeting of the council in January next succeeding their election and shall continue for two years and until their successors are elected and qualified, and there shall be no limitation preventing succession. Section 2.03 . City council. The governing body of said city shall be composed of a mayor and four councilmembers in which is vested all corporate, legislative, and other powers of the city, except as otherwise provided in this charter. The council shall hold regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or call of the mayor pro tempore and two councilmembers. Notice of special meetings shall be served on the mayor and councilmembers personally or left at their respective residences, but such notice of a special meeting shall not be required if the mayor and all members of council are present when the special meeting is held. Notice of any special meeting may be waived in writing before or after the meeting, and notice of special meetings shall be considered waived if the mayor and all councilmembers are present when the special meeting is convened. Only the business stated in the call of a special meeting may be transacted at a special meeting, except by unanimous consent of all members of the council. With such consent, any business which may be conducted in a regular meeting may be conducted in the special meeting. A majority of the council shall constitute a quorum for any meeting. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.04 . Mayor as presiding officer. The mayor shall preside at meetings of the council, shall have a vote in the case of a tie vote by council, shall have veto power, and the mayor shall have five days after each meeting of the council in which to file with the city clerk, in writing, his dissent; but the council may at the same meeting or at any subsequent meeting within

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30 days thereafter pass any such ordinance, order, or resolution, notwithstanding the veto, by a majority vote of the total number of councilmembers, to be taken by ayes and nays, and entered upon the minutes. The mayor shall be the ceremonial head of the city, sign ordinances and resolutions on their final passage, may obtain short-term loans in the name of the city when authorized by the council to do so, and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.05 . Mayor pro tempore. The council at the first regular meeting in January of each year, and after the newly elected councilmembers have taken office following each regular election, shall elect from its membership a mayor pro tempore for a term of one year. Upon the failure to elect a mayor pro tempore at the first regular meeting in January of each year, the incumbent councilmember who received the highest number of votes, when last elected, shall be declared the mayor pro tempore. The mayor pro tempore shall perform the duties of the mayor in the mayor's absence or disability. Section 2.06 . (a) Vacancy in office of mayor or councilmember. A vacancy shall exist if the mayor or a councilmember resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council, which leave shall be entered upon the minute books, or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. (b) The council shall appoint a qualified person to fill any such vacancy in the office of councilmember for the remainder of the unexpired term. (c) At no time shall there be more than one councilmember so appointed holding office, and, if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of 45 days after the office becomes vacant pursuant to a call of a special election as provided by this charter; provided, however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the unexpired terms in a special election; provided, further, if a regular election for the city shall be held within three months after

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the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. (d) In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as it now exists or may hereafter be amended. Section 2.07 . Compensation or expenses. The mayor and councilmembers shall receive compensation for their services in an amount set by ordinance. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.08 . Suspension of elected officials upon indictment charging felonious act or acts. Whenever any elected official of the City of Scotland shall be indicted by any grand jury, state or federal, for any felonious act or acts, he shall be suspended, immediately upon the presentation of said indictment, from all duties as an elected official until such time as he has been cleared of the charges. No official who has been suspended from office shall receive any compensation from the city during the period of his suspension, and the compensation of any such official shall be forfeited upon final conviction of any of the charges for which he was indicted, and the vacancy thus created shall be filled under the provisions of Section 2.06 of this charter. However, if any such official is cleared of the charges filed against him by termination in any such manner other than conviction, a guilty plea, or a plea of nolo contendere, he shall be reinstated in office and shall be entitled to full compensation from the time he was suspended from office. Section 2.09 . City clerk. The council shall appoint a city clerk who shall be responsible for keeping and preserving the city seal and all records of the council; for attending meetings of the council, and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the ayes and nays on each motion considered, and the text of each resolution or ordinance considered; for preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and for performing such other duties as may be required by the council.

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Section 2.10 . City legislation. Any action of the council having a regulatory or penal effect or required to be done by ordinance under this charter shall be done only by ordinance. Each resolution or ordinance shall be in written form before being voted upon. The affirmative vote of at least a majority of the quorum shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number all ordinances and shall copy them into a permanent record book used solely for this purpose. The city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. Section 2.11 . Readings. All ordinances, before they are passed, shall be read twice, and each reading had at a separate meeting, regular or special, on separate days, and the first reading shall be at a regular meeting of the council, provided that both readings of said ordinances may be had at the first meeting, upon unanimous consent of the council to that effect; provided, further, that ordinances or resolutions appropriating or involving the expenditure of money or for other than current expenses shall be read twice as above provided and the rule shall not be suspended. Section 2.12 . Organization. The city government shall continue as presently organized unless and until otherwise provided by ordinance or this charter. The council, by such ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment; may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city; and may prescribe the duties and compensations of any office or position of employment. Section 2.13 . City employee dismissal or requested resignation; right to a public hearing. (a) The council shall have authority as the governing body of the city to generally supervise and hire or fire any employee of the city and may delegate all or part of such authority to responsible city management personnel, provided that whenever any employee of the City of Scotland is fired or requested or induced to resign from his position of employment with the city, that person shall have the right, if

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he so desires, to request and have a full and complete public hearing before the city council for the purpose of determining the reason or reasons for such firing or requesting or inducement of resignation. (b) If requested, such public hearing shall be held within a reasonable time, but not less than 30 days following such request. Said public hearing may be held in conjunction with a regular meeting of the council. Section 2.14 . Administrative duties of mayor. The mayor shall be the executive head of the city government and shall be responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city, and the city attorney shall take such legal action as the mayor may direct for such purposes. The mayor may conduct inquiries and investigations into the conduct of the city affairs and shall have such powers and duties as may be provided by ordinance and not inconsistent with this charter. Section 2.15 . City administrator. The mayor and council may appoint a city administrator. The duties and authority of the city administrator shall be established by ordinance of the mayor and council, and, in so doing, the mayor and council may specifically delegate to the city administrator any of the administrative or budgetary duties of the mayor. Section 2.16 . City treasurer. (a) The mayor and council may appoint a city treasurer. The duties and authority of the city treasurer shall be established by ordinance of the mayor and council. (b) The council shall require the person appointed as city treasurer, before entering upon discharge of his duties, to give good and sufficient bond in the amount to be decided by the council, but not less than $5,000.00, said bond payable to the City of Scotland, for the faithful performance of the duties of the treasurer and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the council, and the premium thereon shall be paid by the city.

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Section 2.17 . 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 municipal court, shall attend the meetings of the council as directed, and shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs. The city attorney and any assistants shall serve at the pleasure of the council. Section 2.18 . Oath of office. Before a person takes office in the city government, he shall take before the mayor or an officer of the state authorized to administer oaths the following such oath or affirmation: I solemnly (swear or affirm) that I will support the Constitution of the United States and the State of Georgia; that I will in all respects observe the provisions of the charter and ordinances of the City of Scotland and that I will faithfully discharge the duties of. So help me God. Said oaths, with the officer's jurat attached, shall be written or printed and, when executed, filed with the city clerk. Section 2.19 . City planning. The council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereafter be amended. ARTICLE III MUNICIPAL COURTS Section 3.01 . Court authorized; jurisdiction. The City of Scotland shall have a municipal court which shall have jurisdiction over all violations of the laws and ordinances of said city. Section 3.02 . Judge of municipal court. Said court shall be presided over by the mayor of said city and, in his absence or disability, by the mayor pro tempore.

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Section 3.03 . Powers; maximum penalty; contempt. The judge of the municipal court shall have jurisdiction to try all offenses against the laws and ordinances of the City of Scotland and to punish violators of the same. Said court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law and to punish witnesses for nonattendance. The judge of said municipal court shall have power and authority to impose fines for the violations of any law or ordinance of the City of Scotland passed in accordance with this charter to an amount not to exceed $500.00, to imprison offenders in the city jail, Telfair County jail, or Wheeler County jail, for a period of not more than 30 days, or to sentence offenders to labor on the streets or other public works of the City of Scotland for not more than 30 days. Said judge shall have the power and authority to impose any one 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; to compel the attendance of witnesses; to compel the production of books and papers to be used as evidence; to issue subpoenas for these purposes; to issue 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 $100.00 or imprisonment in jail for not more than ten days, or both. Section 3.04 . Committing magistrate. The judge of municipal court shall be to all intents and purposes a committing magistrate so as to enable him to issue warrants for offenses committed within the corporate limits of the City of Scotland, and, if upon trial of any case in said court, it shall appear that any person on trial has committed an offense against the State of Georgia, it shall be the duty of said presiding judge to commit said person to jail or admit him to bail in bailable cases for his appearance at the present or the next term of a court of competent jurisdiction. Section 3.05 . Right of appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Telfair County or Wheeler County from the municipal court shall lie in the same manner and under the same procedure as generally described for appeals and appeal bonds from the probate court; provided, however, any person convicted of an offense shall have ten days to file his appeal. An appeal to the superior court shall be a de novo proceeding.

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Section 3.06 . Time; place for holding court to be designated by council. The municipal court shall be held at such times and places as the council may designate. Section 3.07 . Arrest by police officers; right to bail and recognizance. All police officers of said city shall have the power and authority to arrest persons when there is established probable cause to believe that such persons have violated any ordinances of the city or laws of the state and to confine them in the city jail or the common jail of Telfair or Wheeler County. Such persons shall be brought before the municipal court for the purpose of a commitment hearing following such arrest as soon as practicable, but not later than the next session of the municipal court; and, if there exists probable cause to believe that an offense has been committed and that the defendant committed it, the judge of the municipal court shall bind the defendant over for trial and shall grant him bail or recognizance if the offense is bailable under ordinance or state law. If said probable cause does not appear, the judge shall discharge the defendant. Section 3.08 . Acceptance of cash or property in lieu of surety bond. The judge of the municipal court, in his discretion, may accept cash or real or personal property as surety for the happening of an event or act concerning matters before the municipal court. Said property or cash shall be deposited with the appropriate person, official, or other depository as prescribed by ordinance in an amount or equivalent cash value to be determined by the judge. If property offered and accepted for said security is realty, or immovable or cumbersome personal property, the municipal court may exercise its authority and control over such property by posting written notice in a conspicuous place in or on such property that it is in the custody of said court. Section 3.09 . Forfeiture of bond, cash, or property on failure to appear. Whenever any defendant 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 of said municipal court and an execution thereon shall be issued by serving the defendant and his sureties with a rule nisi, at least two days before the hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of offenders

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at trial and if such offenders fail to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge of said municipal court declared forfeited to the City of Scotland or the property so deposited shall have a lien against it for the amount of value forfeited, which lien shall be enforceable in the manner and to the same extent as a lien for city property taxes. Section 3.10 . Court costs. In all cases in municipal court of the City of Scotland, the costs incurred and allowable therein may be computed under the provisions of the laws of the State of Georgia fixing costs in the magistrate courts of said state or the council may establish a schedule of fees to defray the costs of operation. The city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of state law. The council may also provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the municipal court and in the issuance and collection of tax and other executions and for their collection and payment into the city treasury. Section 3.11 . Rules for court. With the approval of the council, the judge of the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. ARTICLE IV FISCAL ADMINISTRATION Section 4.01 . Property taxes. All property subject to taxation for state or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Scotland. Section 4.02 . Listing, assessing, and collecting taxes. The council shall be authorized to prescribe by ordinance the manner

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in which ad valorem taxes on real and personal property within the corporate limits of the city shall be listed, assessed, and collected. Section 4.03 . 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 deemed taxable by municipal corporations under the general laws of the state for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for other public purposes as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. Section 4.04 . Tax due dates and tax bills. The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city either in installments or in one lump sum, in its discretion. The council shall also provide for how and upon what terms such taxes shall be due and payable and may authorize voluntary payment of taxes prior to the time when due. Section 4.05 . 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 or other person appointed by the council, under the same procedure provided by the laws governing execution of such process from the superior courts of Georgia, or by the use of any other legal processes and remedies provided by Georgia law. City property taxes shall constitute a lien against all property upon which city property taxes are levied as of the assessment date of January 1 of each year, which shall be superior to all other liens except that such taxes shall have equal dignity with those of state or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or other amounts due to the city. Section 4.06 . Special assessments. The council shall have the power and authority to assess all or part of the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility

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mains or appurtenances, against the abutting property owners, under such terms and conditions as provided by ordinance. Such special assessments shall become delinquent 30 days after their due dates and shall thereupon be subject to a penalty of 10 percent of amount due in addition to fi. fa. charges or shall thereafter be subject to interest at the rate of 9 percent per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest, and penalties shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes. Section 4.07 . Licenses and occupational taxes. The council may provide by ordinance for the levy of such license and occupation fees as well as occupation taxes upon the residents of the City of Scotland, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for public health, safety, benefit, convenience, or advantage of the city. The council shall have the power to classify businesses, occupations, professions, or callings for the purpose of taxation in any way which may be lawful; to require such persons to procure appropriate licenses; to compel payment for such licenses; to provide by rules and regulations all things necessary or proper to carry out the powers herein conferred; and to prescribe penalties for the violations thereof. Section 4.08 . Garbage collection service charges. The council may provide by ordinance for the assessment and collection of fees, taxes, charges, or tolls for garbage collection services rendered within or without the corporate limits of the City of Scotland in order to defray the cost of collection and disposal of garbage through the garbage facilities of said city or of any other governmental unit with which the city may contract. If unpaid, the garbage collection service fee, tax charge, or toll shall constitute a lien against any property of persons served, which lien shall be superior to all other liens, except that it shall be of equal dignity with state, county, and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies provided in this article for city property taxes.

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Section 4.09 . Transfer of executions. The city clerk of the City of Scotland shall be authorized to transfer or assign any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interests provided by Georgia law governing sales and transfers of tax fi. fas., provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property in fee simple or lesser interest, shall not lose his right to redeem the property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be provided by law from time to time. Section 4.10 . General obligation bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be executed in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 4.11 . Revenue bonds. Revenue bonds may be issued by the council as provided by an Act, known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as now or hereafter amended. Section 4.12 . Budget. The city government of Scotland shall be operated on a budget. The council shall set, by ordinance, the fiscal year and set the procedures to be followed in adopting, changing, and following the budget; provided, however, that the budget shall be published in a newspaper of general circulation in Scotland for at least two consecutive issues after the budget is adopted each year. ARTICLE V ELECTIONS Section 5.01 . Regular elections; time for holding and taking office. The regular election for mayor and councilmembers, or for councilmembers as the case may be, shall be held on the

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second Tuesday in December of each year. Run-off elections, if required, shall be held on the fourth Tuesday in December of the same year. Officials elected at any regular election shall take office on the first Tuesday in January next following such election, or as soon thereafter as possible. Section 5.02 . Notice of candidacy. Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not later than 5:00 P.M. on the second Friday in November preceding the election in which he wishes to run. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the municipal superintendent not less than ten days nor more than 30 days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. No qualifying fee shall be required of any candidate in any regular or special election in the City of Scotland. Section 5.03 . Qualifications for mayor and councilmembers. To be eligible for the office of mayor or councilmember, elected or appointed, a person must meet the qualifications for members of the state House of Representatives as prescribed in Article III, Section VI, Paragraph I of the state Constitution, as now or hereafter amended; must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by state law; must be a registered voter of the City of Scotland; and must be a bona fide resident of the City of Scotland for at least one year next preceding the election in which he offers as a candidate. Further, no candidate will be allowed to qualify for any office in said city who owes to said city any delinquent taxes, fees, charges, or assessments of any kind or nature. Section 5.04 . Qualifications of electors. Any person meeting the qualifications of an elector for members of the General Assembly under state law who has been a bona fide resident of the City of Scotland at least 90 days next preceding the election in which he desires to vote or such period as may otherwise be provided by the Georgia Municipal Election Code shall be qualified to register as an elector in any city election held under this charter. Section 5.05 . Applicability of general laws. Except as otherwise provided by this charter, the election of all officials of

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the City of Scotland where provision is made for election by the qualified voters thereof shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code, as it now exists or may hereafter be amended. If any time period established by the Georgia Municipal Election Code conflicts or is altered so as to conflict with, change, or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general law of the state. Section 5.06 . Time of election. The polls shall be open from 7:00 A.M. local time to 7:00 P.M. local time. Section 5.07 . Place of elections. The polling place or places for holding elections shall be prescribed by the council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by Code Section 21-3-163 of the O.C.G.A., as it now exists or may hereafter be amended. Section 5.08 . Election of mayor and councilmembers. (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 second Tuesday in December, 1988, and on said date every two years thereafter, a general election shall be held for the two councilmembers whose terms of office are expiring. (c) The two candidates for councilmembers in said election who receive a plurality of 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. (d) On the second Tuesday in December, 1989, and on said date every two years thereafter, a general election shall be held for mayor and the two councilmembers whose terms of office are expiring.

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(e) The candidate for mayor who receives a plurality of votes cast in said election shall be elected for a term of two years and until a successor is duly elected and qualified. The two candidates for councilmember who receive a plurality of 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. Section 5.09 . Rules. The council is authorized to enact by ordinances such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections. Section 5.10 . Absentee ballots. The council in its discretion is authorized to provide by ordinance for absentee ballots. ARTICLE VI SEVERABILITY Section 6.01 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, 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. ARTICLE VII REPEALER Section 7.01 . Repealer. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE Notice is given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a Bill to create

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a new Charter for the City of Scotland, Georgia; and for other purposes. L. C. Moon Mayor City of Scotland January 4, 1988 Preston N. Rawlins, Jr., Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following date: January 27, 1988. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF IRWINTOWNNEW CHARTER. No. 999 (House Bill No. 1834). AN ACT To provide a new charter for the City of Irwinton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; 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 purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Irwinton in Wilkinson 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 Irwinton. References in this charter to the city or this city refer to the City of Irwinton. The city shall have perpetual existence.

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Section 1.11 . Corporate boundaries. The boundaries of this city shall extend one mile in all directions from the courthouse in said city. 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 city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Irwinton, 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. Section 1.12 . Municipal powers. (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. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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. Said powers shall include, but are not limited to, the following: (1) 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; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose

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for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license 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 and building trades; (5) 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 the failure to pay any city taxes or fees; (6) 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, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside 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; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and

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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; (11) 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; (12) 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; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) 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; (16) Municipal 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 the same;

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(17) 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; (18) 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; (19) 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; (20) 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 plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council

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deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. 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, 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; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;

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(30) 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, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) 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; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method

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of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) 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 provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) 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 the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and

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(41) 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 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he is at least 21 years of age and has been a resident of this city for six months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate

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on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11 . Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and 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. 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. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Irwinton shall consist of one election district with four numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the second Wednesday in December, 1988, and on that day biennially thereafter, there shall be elected two councilmembers. Then, on the second Wednesday in December, 1989, and on that day biennially thereafter, there shall be elected a mayor and two councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 . Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's

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death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. It the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members 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, as now or hereafter amended. Section 2.13 . 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 2.14 . Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . 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 official duties or which would tend to impair the independence

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of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has 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 councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected

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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 governmental entity 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 a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) 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 subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other 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 state law.

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(b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By a majority vote of the mayor and councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Wilkinson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Wilkinson County following a hearing on a complaint seeking such removal brought by any resident of the City of Irwinton. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. 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 of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a council-member to serve as mayor pro tempore. The mayor pro tempore

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shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . 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 council shall be punished as provided by ordinance. Section 3.13 . 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 meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (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 a journal of its proceedings which shall be a public record.

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(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, the mayor and three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (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 Irwinton hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be 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 for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.

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Section 3.18 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall 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 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 councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (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 3.20 . Codification of ordinances. (a) The clerk shall authenticate by his signature and record in full in a properly

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indexed book kept for that purpose all ordinances adopted by the council. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain 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 Irwinton, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . 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;

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(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 3.13; (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, except that the mayor may vote in all elections for officers who are elected by the city council and impeachment or removal proceedings whether there is a tie or not; (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 may deem expedient; (10) Approve or disapprove ordinances as provided in Section 3.23; (11) Require any department or agency of the city to submit written reports whenever he deems it expedient; (12) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city

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which by law are required to be in writing, except deeds made for property sold under execution at public sale which shall be signed by the chief of police of the city; and (13) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 3.23 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within three days of receipt of an ordinance return it to the city 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 city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the tenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (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 section. The reduced part or parts shall be presented to the city council as though disapproved and shal not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe

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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 by law, the directors of departments and other 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 or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council; provided, however, that in the event the mayor determines that the director presents an imminent danger to other city personnel or the general public, the mayor may suspend such director immediately, with or without compensation at the discretion of the mayor, pending an investigation. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 4.11 . Boards. (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,

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except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by 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 otherwise provided by charter or by 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 for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the mayor and councilmembers. (h) Except as otherwise provided by this charter or by 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 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, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12 . City attorney. The city 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 city council. 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

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meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. Section 4.14 . Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for compensation of the city treasurer. Section 4.15 . Consolidation of offices of city clerk and treasurer. The city council shall have the power to combine the offices of city clerk and city treasurer or may, in its discretion, elect one person to fill both offices. Section 4.16 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications 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;

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(4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 4.17 . Current city officials. All appointed officers, directors, and other officials currently in office on the effective date of the adoption of this charter shall continue to serve for the remainder of their terms and until their successors are appointed and qualified. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Irwinton. Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by 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 shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a majority vote of the mayor and councilmembers. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.

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Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by such greater fines, imprisonment, or alternative sentencing as now or hereafter provided by general law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to 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 bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution 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. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.

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(h) Each judge of 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 law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Wilkinson County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. 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 applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. 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

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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, of 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. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are allwed by 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 within the city 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 may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone

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companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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,

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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, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. 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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . 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 . Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Operating budget. 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 shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information

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as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debts service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than September 30 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.

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Section 6.27 . Changes in budget. 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 purposes. Section 6.28 . Capital improvements. (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 shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than September 30 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were 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. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. Section 6.29 . Audits. 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 government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Procurement and property management. No contract with the city except contracts with the state Department of Transportation or road improvement contracts shall be binding on the city unless:

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(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety

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or fidelity 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 law. Section 7.11 . Rules and regulations. All ordinances, resolutions, 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 . Charter language on other general 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 completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act incorporating the Town of Irwinton and granting a charter to said town, approved April 8, 1968 (Ga. L. 1968, p. 3092), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4731), is repealed in its entirety. Section 7.15 . General 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 1988 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Irwinton; to provide for the incorporation, powers, and boundaries of said city; to provide for governing authority; to provide for city organization, personnel,

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and physical administration; to provide for all other matters necessary and proper for the city to conduct business as a municipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes. This 4th day of February, 1988. Kenneth Birdsong 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 date: February 4, 1988. /s/ Kenneth W. Birdsong Representative, 104th District Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF GORDONNEW CHARTER. No. 1000 (House Bill No. 1835). AN ACT To provide a new charter for the City of Gordon; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; 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 purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Gordon in Wilkinson 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 Gordon. References in this charter to the city or this city refer to the City of Gordon. The city shall have perpetual existence.

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Section 1.11 . Corporate boundaries. 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 city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Gordon, 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. Section 1.12 . Municipal powers. (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. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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. Said powers shall include, but are not limited to, the following: (1) 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; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the

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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 this city; (4) Building regulations. To regulate and to license 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 and building trades; (5) 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 the failure to pay any city taxes or fees; (6) 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, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside 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; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;

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(10) 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 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; (11) 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; (12) 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; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) 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; (16) Municipal 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

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for carrying out all the powers conferred upon or delegated to the same; (17) 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; (18) 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; (19) 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; (20) 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 plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewarage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide

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subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. 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, 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; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;

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(30) 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, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equiping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method

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of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) 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 provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) 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 the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and

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(41) 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 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he is at least 25 years of age and has been a resident of this city for six months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate

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on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11 . Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and 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. 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. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) On the second Wednesday in December, 1988, and on that day biennially thereafter, there shall be elected a mayor and three councilmembers. Then, on the second Wednesday in December, 1989, and on that day biennially thereafter, there shall be elected three councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. (e) All candidates for the office of mayor or councilmember shall be elected by the voters of the city at large. The candidate for mayor receiving the largest number of votes shall be elected as and shall serve as mayor until a successor is elected and qualified. The three candidates for councilmembers receiving the largest number of votes at each election shall be elected

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and shall serve as councilmembers until their successors are elected and qualified. Section 2.12 . Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members 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, as now or hereafter amended. Section 2.13 . 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 2.14 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . 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:

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(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has 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 councilmember who has a private interest

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in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the reccords of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected offcial, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property ownedby such governmental entity 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 a party to a contract or sale shall render said contract or sale viodable at the option of the city council. (e) Except as authorized by law, neither the mayor nor any councilmember shall hold any otherelective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment onthe effective date of this Act. Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter;

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(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. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Wilkinson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Wilkinson County following a hearing on a complaint seeking such removal brought by any resident of the City of Gordon. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. 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 of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this

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city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . 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, adminiter 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 3.13 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.

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Section 3.14 . Procedures. (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 a journal 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 and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (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 Gordon hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be 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 for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor

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and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall 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 the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter.

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(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 3.20 . Codification of ordinances. (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. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain 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 Gordon, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person

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or persons employed by the city and qualified in management and administration. Section 3.22 . 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) 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 3.13; (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, except that the mayor may vote in all elections for officers who are elected by the city council and impeachment or removal proceedings whether there is a tie or not; (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 may deem expedient;

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(10) Approve or disapprove ordinances as provided in Section 3.23; (11) Require any department or agency of the city to submit written reports whenever he deems it expedient; (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, except deeds made for property sold under execution at public sale which shall be signed by the chief of police of the city; and (13) Perform such other duties as may be required by general state law, this charter, or ordinance. Section 3.23 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within three days of receipt of an ordinance return it to the city 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 city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the tenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (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

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passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other 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 or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council; provided, however, that in the event the mayor determines that the director presents an imminent danger to other city personnel or the general public, the mayor may suspend such director immediately, with or without compensation at the discretion of the mayor, pending an investigation. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four councilmembers.

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Section 4.11 . Boards. (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, terms of office, or manner of appointment is prescribed by this charter or by 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 otherwise provided by charter or by 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 for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by 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 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, an ordinance of the city, or law, as it deems appropriate and necessary

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for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12 . City attorney. The city 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 city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The clerk shall serve for a term of five years and until a successor is appointed and qualified, provided that the clerk shall not be prohibited from succeeding himself. 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. The city council shall provide for the compensation of the city clerk. Section 4.14 . Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the city treasurer. Section 4.15 . Consolidation of offices of city clerk and treasurer. The city council shall have the power to combine the offices of city clerk and city treasurer or may, in its discretion, elect one person to fill both offices.

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Section 4.16 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 4.17 . Current city officials. All appointed officers, directors, and other officials in office on the effective date of the adoption of this charter shall continue to serve for the remainder of their terms and until their successors are appointed and qualified. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Gordon. Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by 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 shall have attained the

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age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a majority vote of the mayor and councilmembers. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by such greater fines, imprisonment, or alternative sentencing as now or hereafter provided by general law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to 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

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bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution 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. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of 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 law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Wilkinson County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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Section 5.15 . Rules. 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 applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. 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, of 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. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are allowed by 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 within the city 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 may compel the payment of such taxes as provided in Section 6.18 of this charter.

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Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outisde the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs 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,

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such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. 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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . 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 . Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.

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Section 6.23 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Operating budget. On or before a 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 city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than October 1 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27 . Changes in budget. 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 purposes. Section 6.28 . Capital improvements. (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 city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than October 1 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were 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.

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Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. Section 6.29 . Audits. 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 government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Procurement and property management. No contract with the city except contracts with the state Department of Transportation and road improvement project contracts shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property

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is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity 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 law. Section 7.11 . Rules and regulations. All ordinances, resolutions, 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 . Charter language on other general 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 completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof.

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(b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act creating a new charter for the City of Gordon, approved March 12, 1965 (Ga. L. 1965, p. 2342), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 3028), is repealed in its entirety. Section 7.15 . General 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 1988 session of the General Assembly of Georgia a bill to provide a new charter for the City of Gordon; to provide for the incorporation, powers, and boundaries of said city; to provide for governing authority; to provide for city organization, personnel, and physical administration; to provide for all other matters necessary and proper for the city to conduct business as a municipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes. This 4th day of February, 1988. Kenneth Birdsong 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 date: February 4, 1988. /s/ Kenneth W. Birdsong Representative, 104th District

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Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF FOREST PARKNEW CHARTER. No. 1001 (House Bill No. 1811). AN ACT To reincorporate the City of Forest Park in the County of Clayton; to create a new charter for said city; to prescribe the corporate limits of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, bylaws, rules, and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties, and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for qualifications of candidates and electors; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a municipal court; to provide for the appointment of the judge; to provide for the qualifications and compensation of the judge; to provide for the jurisdiction of the municipal court; to provide for appeals from the municipal court; to provide for the payment of court costs; to provide for rules for the municipal court; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I Incorporation and Corporate Powers Section 1.10 . Incorporation. The City of Forest Park, Georgia, in the County of Clayton, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Forest Park, Georgia. Under that name, the city shall be and continue to be vested with all of the property and rights of property, real and personal, which now belong to the corporation; shall have perpetual succession; bring and defend actions; may contract and be contracted with; and may have a common seal and alter and renew the same at will. This Act shall constitute the whole charter of the City of Forest Park, Georgia. Section 1.11 . Corporate boundaries. (a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The 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 city clerk and to be designated, as the case may be: Official Map (or Description) of the Corporate Limits of the City of Forest Park, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The 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 entire map or maps which it is designated to replace. Section 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention of or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.

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Section 1.13 . Examples of specific powers. The corporate powers of the city, to be exercised by the city council, shall include, but not be limited to, the following: (1) Advertisement of city. To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital, commercial, manufacturing, and other enterprises into the city; (2) 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; (3) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (4) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (5) Building regulation. To regulate and to license the erection, construction, and repair of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (6) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees;

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(7) 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, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (8) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (9) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside 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; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads,

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drains, and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) 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; (16) Municipal 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 the same; (17) 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; (18) 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; (19) 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; (20) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (21) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (22) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council

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deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (23) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (24) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (25) 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 to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements, and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (26) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (27) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (28) Public utilities and services. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and

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penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. If any such charges, rates, fares, fees, or assessments are not paid, such shall constitute a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes. The city is further authorized to grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (29) 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; (30) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (31) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; (32) 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 those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment

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of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (33) Solid waste. 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; and 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; which charges, taxes, or fees, if unpaid shall constitute a debt and the city shall have a lien against any property of the persons served; said lien to be enforceable in the same manner, and under the same remedies, as a lien for city property taxes; (34) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (35) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (36) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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(37) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (38) Urban redevelopment. To organize and operate an urban redevelopment program; (39) Vehicles for hire. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and (40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II Governmental Structure Part 1 Council Composition Section 2.10 . City council creation; number; election. The legislative authority of the government of this city, except as

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otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and seven council members. The mayor and council members shall be elected in the manner provided by this charter. Six council members shall be designated as representing wards, with one council member representing the city at large. 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 2.11 . Qualifications for mayor and council members. To be eligible for the office for mayor or council member, a person must be at least 21 years of age, and must meet the requirements of a qualified voter of the city, as prescribed by state law, must have physically resided in the city for at least one year preceding the election in which he offers as a candidate, and shall continue to reside physically in the city limits during this period of service. No person shall be eligible to be mayor or council member who shall have been convicted of a crime involving moral turpitude unless that person has received a full pardon and has all rights of citizenship restored. When qualifying, a person shall provide the city clerk with an affidavit as described in Code Section 21-3-91 of the O.C.G.A. Section 2.12 . Terms of office. Except for the transitional terms provided for in Section 5.13 of this charter, the terms of office for the city council shall begin on January 1 following the election and shall continue for four years and until their successors are elected and qualified. Section 2.13 . Vacancies in office. (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 Section 5.17 of this charter. Section 2.14 . Compensation and expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance.

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Section 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. The mayor and council members may individually make inquiries of any city employee concerning the operations of the city. Part 2 Organization and Procedures Section 2.20 . Regular and special meetings. (a) The city council shall hold regular public meetings at a stated time and place as provided by ordinance but not less often than twice a month. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible two days prior to such meetings. Section 2.21 . Mayor as presiding officer. The mayor shall preside at meetings of the city council and shall have a vote only in the case of a tie vote by council members. Section 2.22 . Mayor pro tempore; alternate presiding officer. (a) The city council at the first regular meeting in January

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each year, shall elect from its membership a mayor pro tempore for a term of one year. The mayor pro tempore shall perform the duties of the mayor during his absence from the city or his disability. (b) In any instance where the mayor pro tempore acts as mayor and becomes unable to fulfill duties of the mayor's office, the city council, by a majority vote, shall elect a new presiding officer from among its members to perform those duties. Any such inability of the mayor pro tempore shall be declared by majority vote of all council members. Section 2.23 . Quorum; voting. Four council members, in addition to the presiding officer, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. In any event, the affirmative vote of at least three council members, including the vote of the presiding officer where necessary to break a tie vote, shall be required for the adoption of any ordinance, resolution, or motion. Section 2.24 . 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 a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time. Section 2.25 . Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits;

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(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (5) Appoint committee members as provided in Section 2.24 (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (7) Call special meetings of the city council as provided in Section 2.20; (8) Cast the deciding vote in any instance where the council vote is tied; (9) Approve or disapprove ordinances as provided in Section 2.32; and (10) Perform such other duties as may be required by law, this charter, or by ordinance. Part 3 Legislation Section 2.30 . Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.31 . Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. The enacting clause shall be Be it ordained by the Governing Body of the City of Forest Park, Georgia, or words of similar import, and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish;

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provided, however, except for emergency ordinances as provided in Section 2.33, no ordinance shall be adopted the same day it is introduced unless it was distributed to council members for their review with the council agenda at least 48 hours in advance of the meeting at which the ordinance is formally introduced. (c) Upon introduction of any ordinance, the clerk shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. (d) Votes required to enact any ordinance or resolution shall be as prescribed by Section 2.23. After adoption of ordinances, the city clerk shall authenticate the ordinance by his signature, number ordinances consecutively, in the order of their final adoption, and shall place a copy into a permanent record book used solely for this purpose. The city clerk shall maintain a similar book for resolutions, using a separate series of numbers. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk, and he shall attach a copy of them to the original minutes of the meeting at which they were adopted. (e) For the purposes of this charter, a resolution shall be defined as a formal expression, opinion, will, or intent of the governing body. Section 2.32 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) Within seven days after the passage thereof the mayor may veto any resolution or ordinance of the council regardless of whether the mayor was present at the time of its enactment. The veto shall be in writing, setting forth the reason for the veto, and shall be delivered to the city clerk, who shall notify each council member at his home address by hand delivery or by registered mail. Such notice shall contain the reason for the veto. No later than the second council meeting after the mayor's veto the council may override the mayor's veto of any measure or act by a vote of five or more of its members to be taken by yeas and nays and entered upon the minutes of the council. (c) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts

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of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) above. Section 2.33 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four 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 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 at least four affirmative votes 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 2.34 . Codification; printing. (a) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the 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 Forest Park, 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 reasonable price as fixed by the city council.

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(b) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. Part 4 City Manager Section 2.40 . City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications. Section 2.41 . Removal of city manager. The city manager shall serve under the supervision of the city council. The city council may remove or suspend the city manager, which suspension shall be effective immediately; automatic termination shall follow in ten days, unless the city manager requests a hearing before the council. Said hearing, at the city manager's request, may be either public or private, and shall be held within ten days of the date of the request. All actions to be taken under this section, by the council, shall be by the action of four affirmative votes. Section 2.42 . Acting city manager. By letter filed with the city clerk, the manager may designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease.

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Section 2.43 . Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties: (1) He shall appoint to established positions, and, when he deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by law, or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He shall attend all city council meetings and shall have the right to take part in discussion but he may not vote; (4) He shall see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed; (5) He shall prepare and submit all annual operating budgets to the city council; (6) He shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) He shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision; (8) He shall keep the city council fully advised as to the financial condition and future needs of the city

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and make such recommendations to the city council concerning the affairs of the city as he deems desirable; (9) In the absence of another appointee, he shall serve as the purchasing agent for the city; and (10) He shall perform such other duties as are specified in this charter or as may be required by the city council. Section 2.44 . Council relationship with administration. Notwithstanding any other provision of this charter, no member of the council shall be permitted to give orders to any officer, department head, or employee, either publicly or privately, except in emergency situations. ARTICLE III Administrative Affairs Section 3.10 . Council's authority to organize government. The city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. Section 3.11 . City clerk. The city council shall appoint a city clerk who shall serve at the pleasure of the city council. The city clerk shall be responsible for keeping and preserving the city seal and all records of the city council; attending meetings of the city council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the city council. Section 3.12 . Finance director. A finance director shall be appointed as provided in Section 3.14. The finance director shall be the head of the city finance department and shall be responsible for the receipt, custody, and disbursements of the

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city's money or funds; shall provide for accounting therefor; and shall perform such other duties as required by the city council. Section 3.13 . City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney or such assistant city attorneys may be responsible for representing and defending the city in all litigation in which the city is a party; may at the discretion of the city council be the prosecuting officer in the municipal court; shall attend the meetings of the city 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 provided by the city council. The city council may refer proposed contracts and resolutions, and shall refer all proposed ordinances to the city attorney for approval as to form prior to execution or adoption. Section 3.14 . Administrative and service departments. (a) Except as otherwise provided by this charter or 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. (b) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (c) 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 city manager, be responsible for the administration and direction of the affairs and operations of his department or agency. (d) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city manager may suspend or remove directors under his supervision, which suspension shall be effective immediately; automatic termination shall follow in ten days, unless the director appeals the manager's action as provided in this section. Written notice of such action and the reasons therefor, together with notice of the right of appeal, shall be provided to the director at the time of such action and to the city council. The director involved may appeal to the

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city council which, after a hearing, may override the city manager's action by four affirmative votes. (e) In addition to the procedure provided for in subsection (d), of this section, the city manager may suspend a department director for up to five days, without pay, as a disciplinary measure. Section 3.15 . 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, terms of office, or manner of appointment is prescribed by this charter or by 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 otherwise provided by this charter, ordinance, or by law, no member of any board, commission, or authority shall hold an 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 for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by four affirmative votes.

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(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, 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 law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.16 . Holding other office; voting when personally interested. (a) Except as authorized by law, the mayor or any council member shall not hold any other city office or city employment during the term for which he was elected. (b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or matter in which he is personally interested. Section 3.17 . Oath of office. Before a person takes any office, elective or appointive, in the city government, he shall take the following oath or affirmation before an officer of the state authorized to administer oaths: I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; and that I will in all respects observe the provisions of the charter and ordinances of the City of Forest Park and I will well and truly perform the duties of the office of, and that I will to the utmost of my skill and ability endeavor to promote the interest and property of said city, without fear, favor, or affection. So help me God. The oath shall be administered orally and it shall also be signed. Signed oaths shall be permanent records and shall be kept as such by the city manager. Section 3.18 . 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 city

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council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Section 3.19 . Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning; (i) the method of employee selection and probationary periods of employment; (ii) 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; (iii) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (iv) such dismissal hearings as due process may require; and (v) such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Section 3.20 . Bonds for officers and employees. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity 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 law. ARTICLE IV Municipal Court Section 4.10 . Creation; name. There shall be a court to be known as the Municipal Court of the City of Forest Park. 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 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 shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall have had at least one year's experience as a practicing

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attorney in the state. 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 assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal. Section 4.12 . Convening. The municipal court shall be convened at regular intervals as provided by ordinance. Section 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or 20 days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 365 days or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (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 appearance and shall fail to

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appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal 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 ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Clayton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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Section 4.15 . Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to those proceedings. ARTICLE V Elections Section 5.10 . Applicability of general law. (a) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, as now or hereafter amended. (b) 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 Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code. Section 5.11 . Wards. The City of Forest Park is hereby divided into six wards of approximate equal population as follows: Ward 1: Bounded on the north by the city limits, on the east by the center of Hendrix Drive, on the south by the Central of Georgia Railroad, on the west by the city limits. Ward 2: Bounded on the north by the city limits, on the east by the center of Jonesboro Road and center of College Street, on the south by the Central of Georgia Railroad, on the west by the center of Hendrix Drive. Ward 3: Bounded on the north by the city limits, on the east by the city limits, on the south by the Central of Georgia Railroad, on the west by the center of College Street and center of Jonesboro Road.

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Ward 4: Bounded on the north by the Central of Georgia Railroad, on the east by Lake Drive (from Central) south to West Street and thence a line due south to the city limits, on the south by the city limits, on the west by the city limits. Ward 5: Bounded on the north by the Central of Georgia Railroad, on the east by East Street and thence a line due south from the center of East Street to city limits, on the south by the city limits, on the west by Lake Drive (from Central south to West Street and thence a line south to the city limits). Ward 6: Bounded on the north by the Central of Georgia Railroad, on the east by the city limits, on the south by the city limits, on the west by the center of East Street and thence a line due south from East Street to the city limits. Section 5.12 . Qualifications for council (residence in ward). (a) A person desiring to qualify for the office of mayor or council member shall specify in writing to the city clerk the office which he seeks, and, if qualifying for the office of council member, shall state whether for council member at large or for a designated ward. A council member who qualifies to represent a designated ward in the city shall at the time of qualifying and at all times while holding office reside in that ward. (b) All council members and the mayor shall be elected at large. Section 5.13 . Regular elections. (a) Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. (b) There shall be a general municipal election on the last Saturday in October in even-numbered years. (c) In the 1988 general election and subsequently in the 1992 general election, four council posts, designated as Wards 3, 4, 6, and the council member at large, shall be filled for council members whose terms are expiring. Council members elected to serve Wards 3, 4, 6, and the at-large post in the 1992 election shall continue to hold office until December 31, 1995 as provided in Code Section 21-3-64 of the O.C.G.A.

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(d) In the 1990 general election, the mayor's office and three council posts, designated as Wards 1, 2, and 5 shall be filled for the mayor and those council members whose terms are expiring. The mayor and council members elected in the 1990 general election shall continue to hold office until December 31, 1993, as provided in Code Section 21-3-64 of the O.C.G.A. (e) Beginning in 1993, general municipal elections shall be held on the Tuesday next following the first Monday in November, and biennially thereafter. The mayor and council posts 1, 2, and 5 shall be elected in 1993 with the remaining council seats filled at the election alternating with the 1993 election so that a continuing body is created. Section 5.14 . Determination of results. Candidates who receive a majority of votes cast in an election shall be elected to a term of office for four years (except for the transitional three year terms provided in the previous section) 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 an 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 5.15 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. Section 5.16 . Removal of officers. (a) The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter;

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(5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished as follows: by the vote of five 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 or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Clayton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. Section 5.17 . 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 official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, as now or hereafter amended. ARTICLE VI Financial Administration Part 1 Taxation 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, of providing governmental services, for the repayment of principal and interest on general obligations, and

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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 the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 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 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 may 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 law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the 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, terms, whether the same shall be exclusive or nonexclusive, and the consideration

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for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16 . Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.17 . Construction; other taxes. The city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by 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; and providing for the assignment or transfer of tax executions.

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Part 2 Borrowing Section 6.20 . General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.21 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. Section 6.22 . Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Part 3 Accounting and Budgeting Section 6.30 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.31 . Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.32 . Submission of operating budget to city council. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features

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of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or the council may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.33 . Action by city council on budget. (a) The city council may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last meeting of the last month of the preceding fiscal year. If the city council fails to adopt the budget by this time, 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. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.31. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made, or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. Section 6.34 . Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the

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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 6.35 . 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, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus with the same reflected in the minutes. The council only shall have the authority to make changes in the adopted budgets to shift funds from one line item to another and from one department to another. Section 6.36 . Capital improvements budget. An annual capital improvements budget shall be prepared by the city manager and submitted to city council for adoption in accordance with the budget procedures described in Sections 6.32 and 6.33. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.33. Section 6.37 . Lapse of appropriations. (a) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year lapse into the general fund as unappropriated surplus or reserves, unless otherwise provided by law or the code of ordinances. (b) 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 city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.38 . Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions

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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 costs to the public. Part 4 Procurement and Property Management Section 6.40 . Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It meets all requirements of city ordinances concerning purchases and contracts. Section 6.41 . Centralized purchasing. The city council may by ordinance prescribe procedures for a system of purchasing for the city. Section 6.42 . 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, 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 cutoff or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to execute and deliver in the name of the city a deed conveying the 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 the street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter

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so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII General Provisions Section 7.10 . Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. Section 7.11 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 7.12 . Pending matters. Except as specifically provdied 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 completed by such city agencies, personnel, or offices as may be provdied 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 mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Severability. If any article, section, subsection, paragraph, sentence, or part thereof this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter

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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 7.15 . Effective date. This charter shall become effective on. Section 7.16 . Specific repealer. An Act incorporating the City of Forest Park in the County of Clayton, approved April 19, 1973 (Ga. L. 1973, p. 3701), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.17 . 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 1988 Session of the General Assembly of Georgia, legislation to reincorporate and provide a new Charter for the City of Forest Park, Georgia; to provide for all related matters; to repeal conflicting laws; and for other purposes. This 30th day of December, 1987. /s/ Charles F. Laws, City Manager City of Forest Park, Georgia GEORGIA, CLAYTON COUNTY. Personally, before me, the undersigned authority duly authorized to administer oaths, comes William Wadkins, who on oath deposes and says that he is the Publisher of the Clayton News/Daily, which is the official organ of Clayton County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in said Clayton News/Daily in its issue of January 5, 1988. /s/ William L. Wadkins Publisher

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Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Kathy J. Selman Notary Public Henry County, Georgia My commission expires February 14, 1989 (SEAL) Approved March 24, 1988. COBB COUNTYCLERK AND DEPUTY CLERK OF SUPERIOR COURT; SHERIFF, CHIEF DEPUTY, INVESTIGATOR, AND SECRETARY; COMPENSATION. No. 1003 (Senate Bill No. 657). 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, the deputy clerk of the superior court, the chief deputy sheriff, the sheriff's chief investigator, and the sheriff's executive secretary; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act 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 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

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Section 4. (a) The clerk of the superior court shall receive an annual salary of $52,524.00, 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 $42,240.00, 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 . Said Act is further amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections to read as follows: (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $51,030.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his chief deputy sheriff. 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 said chief deputy, who shall in such event enter upon the performance of said duties

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upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such 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 said governing authority of Cobb County. In addition to said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized 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, shall be under his direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer, or be a graduate of a law school accredited by the Georgia Bar Association, or be a graduate of the Southern Police Institute School of Police Management and Administration. The salary of the chief investigator shall be $49,875.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive secretary to the sheriff. The executive secretary shall be appointed by the sheriff, shall be under his direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he deems necessary for the individual appointed to the position of executive secretary.

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The salary of the executive secretary shall be $28,875.00 per annum, to be paid in equal monthly installments from the funds of Cobb 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 such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. L-758 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff, and the Judge and the Clerk of the Probated Court of Cobb county from the fee system to 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 Deputy, the Clerk of the Superior Court, the Judge of the Probate Court and the Clerk of the Probate Court and the Clerk of the Probate Court; and for other purposes. This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 1:8

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh A. Ragan, who, on oath, deposes and says that he is Senator from the 32nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following date: January 8, 1988. /s/ Hugh A. Ragan Senator, 32nd District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 24, 1988. COBB COUNTYSTATE COURT; JUDGES; COMPENSATION. No. 1004 (Senate Bill No. 680). 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 26, 1987 (Ga. L. 1987, p. 4798), so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4798), is amended by striking Section 2-3 and inserting in lieu thereof a new Section 2-3 to read as follows: Section 2-3. (a) Each associate judge shall receive an annual salary of $50,400.00 to be paid in equal monthly installments from funds of Cobb County. The associate judges are designated as full-time judges and may not engage in private practice of law. (b) The governing authority of Cobb County is authorized to pay to the Trial Judges and Solicitors Retirement Fund, on behalf of the associate judges, any employee contributions required for the associate judges' participation in said retirement fund. Any employee contributions so paid by the governing authority of Cobb County shall be in addition to any other compensation to which the associate judges are entitled. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. L-572 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964, (Ga. L. 1987, p. 4798), so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date; and for other purposes.

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This 12th day of February, 1988. Signed, The Honorable Sallie Newbill, Senator, 56th District 2:14 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sallie Newbill, who, on oath, deposes and says that she is Senator from the 56th 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 date: February 14, 1988. /s/ Sallie Newbill Senator, 56th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 24, 1988. COBB COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; QUALIFICATIONS. No. 1005 (Senate Bill No. 684). AN ACT To make provisions for the Magistrate Court of Cobb County; to provide for qualifications; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . As provided in Chapter 10 of Title 15 of the O.C.G.A., relating to magistrate courts, there shall be a Magistrate Court of Cobb County. Section 2 . In addition to the qualifications provided in Code Section 15-10-22 of the O.C.G.A., the chief magistrate of the Magistrate Court of Cobb County shall be an active member of the State Bar of Georgia. Section 3 . All laws and parts of laws in conflict with this Act are repealed. L-767 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, a bill to make provisions for the officers, personnel, and operations of the Magistrate Court of Cobb County; to provide for related matters; and other purposes. This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 1:8

Page 4453

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 date: January 8, 1988. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 Approved March 24, 1988. CITY OF MADISONCORPORATE LIMITS. No. 1006 (Senate Bill No. 675). AN ACT To amend an Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to change the corporate limits of the city; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, is amended by adding after Section II of said Act a new Section IIA to read as follows:

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Section IIA. In addition to the corporate limits described in Section II, the corporate limits of the City of Madison shall also include the following: Beginning at a point on the Northern right-of-way of the Georgia Railroad where the present city limits of the City of Madison intersects with the Northern right-of-way of Georgia Railroad and property of A. B. Pritchard, and proceeding thence in a Western direction along the Northern right-of-way of Georgia Railroad and property of A. B. Pritchard to a point where the Southern right-of-way of Georgia Railroad intersects with property of Mrs. W. C. McGeary, Jr.; thence in a Southerly direction along the property line separating property of Mrs. W. C. McGeary, Jr., and property of Lowry Hunt (known as Old Caldwell Oil Mill Property) to the Western right-of-way of the Central of Georgia Railroad; thence along the Western right-of-way of the Central of Georgia Railroad in a Southerly direction to a point on the Northern right-of-way of U.S. Highway #278 and Georgia Highway #12; thence in a Western direction along the Northern right-of-way of U.S. Highway #278 and Georgia Highway #12 to Pennington Road; thence proceeding in a Western direction across Pennington Road in a Northwestern direction along the Northeastern right-of-way of Confederate Road along property of Ernest Hayes Estate and property of Robert Bennett to a point opposite the property line dividing Flavor Rich property from property of Ernest Hayes Estate; thence in a Southwestern direction across Confederate Road and along property line separating Flavor Rich property and property of Ernest Hayes Estate to the Northeastern right-of-way of U.S. Highway #278 and Georgia Highway #12; thence in a Northwestern direction along the Northeastern right-of-way of U.S. Highway #278 and Georgia Highway #12 to a point opposite the property line separating G. F. Samples property and Ernest Hayes Estate property; thence in a Southwestern direction along the property line separating G. F. Samples property and property of Ernest Hayes Estate to the corner of Samples, Hayes and George Hanes property; thence in a Southeastern direction along the property line of George Hanes and Ernest Hayes Estate to a line separating Land Lot 138 of the 20th Land District from Land Lot 334 of the 15th Land District; thence in a Southwestern direction along a line which is the line separating Land District 20 from Land District 15 to a point where 20th Land District and

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15th Land District line intersects with the Northwest corner of property of Brent Lee Kiplinger; thence South 59 degrees 36[UNK] 00[UNK] East 723.35 feet along the line separating lands of Kiplinger from lands of Eltab, Inc., 723.35 feet to an iron pin; thence South 36 degrees 17[UNK] 15[UNK] West along the line separating other lands of Kiplinger from lands of Priest 563.51 feet to an iron pin; thence North 45 degrees 38[UNK] 12[UNK] West along the line separating other lands of Kiplinger from other lands of Priest 61.43 feet to an iron pin; North 60 degrees 31[UNK] 15[UNK] West along the line separating other lands of Kiplinger from other lands of Priest 326.04 feet to an iron pin; thence North 77 degrees 03[UNK] 03[UNK] West along the line separating other lands of Kiplinger from other lands of Priest 428.34 feet to an iron pin; thence in a Southwestern direction along the 20th Land District and 15th Land District line crossing Interstate Highway #20 to a point on the 20th and 15th Land District line that separates Land Lots 312 and 324 of the 15th Land District; thence in a Southeastern direction along Land Lot line 312 and Land Lot line 313 to the point where Land Lots 313, 324, 314 and 322 intersect; thence further in a Southern direction crossing Georgia Highway #83 and Land Lot 314 and Land Lot 322 to a point 600.0 feet Southeast of the Southeastern right-of-way of Georgia Highway #83; thence in a Northeastern direction to the Southeast corner of Rockdale Industries, Inc.; thence in a Northeastern direction along the Southeastern property line of Rockdale Industries, Inc., and Gwinnett Industries, Inc., to a point 600.0 feet South of the Southern right-of-way of Interstate Highway #20; thence in an Eastern direction along a line that is 600.0 feet South of the Southern right-of-way of Interstate Highway #20 following the arc of said Interstate right-of-way for a distance of 3,750.0 feet to a point; thence in a Southeastern direction through property of Carmichael Estate to a point on the Northwestern right-of-way of Pierce Dairy Road opposite the Northwest corner of Brooks Pennington property; thence continuing in a Southeastern direction across said right-of-way of Pierce Dairy Road along the property line separating lands of William Hoffman and lands of Brooks Pennington from other lands of Brooks Pennington to a point on the Northwestern land lot line of Land Lot 4 of the 5th Land District; thence along the Southeastern line of Land Lots 3, 8 and 12 of the 5th Land District crossing U.S. Highway #441 and crossing Interstate Highway #20

Page 4456

to the intersection of Land Lots 12, 13, 16 and 17 of the 5th Land District, thence in a Northwestern direction along the Northeastern line of Land Lots 11 and 12 of the 5th Land District to the common corner of Carmichael Estate, W. A. Prior Estate and Brooks Pennington; thence in a Northeastern direction along the line separating property of Prior Estate, separating property of Pennington to the common corner of Conner, W. A. Prior Estate, Brooks Pennington and other lands of Brooks Pennington; thence in a Northwestern direction on a line seaprating W. A. Prior Estate property from Brooks Pennington property to a point on the Southern right-of-way of Lions Club Road; thence along the Southern right-of-way of Lions Club Road to a point opposite the Eastern corner of W. A. Prior Estate property; thence across Lions Club Road to corner of W. A. Prior Estate property; thence along the Eastern property line of W. A. Prior Estate property to the Southern right-of-way of Carmichael Drive; thence across Carmichael Drive in a Northwestern direction along the Southwestern property line of Brooks Pennington at a point on the Southwest right-of-way of Cox Road; thence Northwesterly across Cox Road and along the Northeastern right-of-way of Cox Road to a point where Cox Road intersects with the Eastern right-of-way of U.S. Highway #441; and thence in a Northern direction along the Eastern right-of-way of U.S. Highway #441 to the Southwestern corner of James McCarty property, which is the existing corporate limits of the City of Madison, Georgia. Section 2 . This Act shall become effective January 1, 1990. 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 1988 session of the General Assembly of Georgia a bill to amend the Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended; and for other purposes.

Page 4457

This 28th day of December, 1987. /s/ R. L. ALLGOOD Mayor and City Council City of Madison 53C 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 Madisonian which is the official organ of Morgan County, on the following date: December 31, 1987. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 Approved March 24, 1988.

Page 4458

TROUP COUNTYBOARD OF COMMISSIONERS; MEETINGS; QUORUM. No. 1007 (Senate Bill No. 672). AN ACT To amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, so as to provide for meetings of said board; to provide for a quorum for said meetings; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, is amended by striking in its entirety Section 6 thereof and inserting in lieu thereof a new Section 6 to read as follows: Section 6. (a) The board of commissioners shall hold at least one regular meeting each month at the Administration - Court Building on Dallis Street in the City of LaGrange in Troup County. This meeting shall be held on the first Tuesday of each month or, in the event this day falls on a legal holiday, on the next succeeding day which is not a holiday. The commissioners may hold such other regular, special, or additional meetings as they may deem necessary or proper. No notice shall be required to be given for any regular meeting, a regular meeting being any meeting designated to be held regularly by the commissioners, such as annual, quarterly, monthly, semimonthly, or weekly meetings or other such meetings held at regular, periodic intervals. (b) The board of commissioners is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings,

Page 4459

and to provide for giving notice and a waiver of notice of the time, place, and purpose of such meetings, all as the board of commissioners, in its sole discretion, shall deem proper. A majority of the members, then serving on the board of commissioners, shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the board of commissioners present at any meeting may adjourn the meeting from time to time until a quorum can be had. Notice of any adjourned meeting need only be given by announcement at the meeting in which the adjournment is taken. The concurrence of any three of said commissioners at any such meeting shall decide all questions. From time to time, the commissioners may fix an agenda for any meeting or meetings and may adopt such other rules of order as they may deem appropriate, which shall govern the conduct and procedure of their meetings. (c) At any meeting where both the chairman and vice-chairman are absent, the three remaining members may elect a temporary chairman to preside over such meeting. Section 2 . All laws and parts of laws in conflict with this Act are repealed. AFFIDAVIT OF PUBLISHER OF NEWSPAPER GEORGIA, TROUP COUNTY Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: PUBLIC NOTICE LEGAL NO. 2469 FEB. 9

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended; and for other purposes. This 8th day of February, 1988. Quillian Baldwin State Senator 29th District has been published in said LaGrange Daily News, to-wit: Feb. 9, 1988, being 1 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn and subscribed before me this 9 day of February, 1988 /s/ Dottie Beall Hulett Notary Public, Troup County, Georgia My Commission Expires Aug. 31, 1991 Approved March 24, 1988.

Page 4461

COBB COUNTYPROBATE COURT; JUDGE AND CLERK; COMPENSATION. No. 1008 (Senate Bill No. 671). 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, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4775), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4775), is amended by striking in its entirety Section 2A and inserting in its place a new Section 2A to read as follows: Section 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $58,050.00, to be paid in equal monthly installments from the funds of Cobb County. Section 2 . Said Act is further amended by striking in its entirety the second sentence of Section 3 and inserting in its place a new sentence to read as follows: The clerk of the probate court shall be compensated in the amount of $37,800.00 per annum, payable in equal monthly installments from the funds of Cobb County. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by

Page 4462

the Governor or in which it becomes law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. L-742 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act relating to the compensation of the Sheriff, the Judge of Probate Court of Cobb County, Clerk of the Superior Court of Cobb County, and their employees, approved February 9, 1949 (Ga. L. 1949 p. 438), as amended; and for other purposes. This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 1:8 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,

Page 4463

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 date: January 8, 1988. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 24, 1988. CITY OF LITHONIAMAYOR AND COUNCIL; VACANCIES. No. 1009 (Senate Bill No. 666). AN ACT To amend an Act creating a new charter for the City of Lithonia, approved August 4, 1913 (Ga. L. 1913, p. 928), as amended, particularly by an Act approved February 13, 1935 (Ga. L. 1935, p. 1100), so as to change provisions relating to filling vacancies in the offices of mayor and council; 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 a new charter for the City of Lithonia, approved August 4, 1913 (Ga. L. 1913, p. 928), as amended, particularly by an Act approved February 13, 1935 (Ga. L. 1935, p. 1100), is amended by striking in its entirety

Page 4464

the fourth paragraph of Section (4), relating to the filling of vacancies in the council and the office of mayor, and substituting in lieu thereof the following: In the event the office of mayor or any one of the councilmen shall become vacant for any cause whatsoever, and the unexpired term is 12 months or less, the remaining members of the mayor and council shall, by majority vote, appoint a successor to fill the office for the balance of the unexpired term; should the unexpired term be greater than 12 months, the appointee shall serve until such time as a replacement is elected to fill the position in a special election as described below. Should a majority of the remaining members of the mayor and council be unable to appoint a successor for an unexpired term of 12 months or less or if the unexpired term is greater than 12 months, the vacancy shall be filled by a special election called by the mayor and council within 90 days after said vacancy occurs. Such special election shall be conducted at the time of the next general election for electing municipal officers if such general election occurs not less than 45 days and not more than 180 days after such vacancy occurs. Otherwise, such special election shall be conducted not less than 30 and not more than 90 days after the issuance of the call. A person appointed by the mayor and council to fill a vacancy shall take the oath of office and commence serving at the meeting of the mayor and council at which such appointment is made or as soon thereafter as practical. A successor elected to fill a vacancy at the special election provided in this section shall take the oath of office and commence serving at the next regular meeting of the mayor and council following certification of the results of the special election or as soon thereafter as practical and shall serve out the unexpired term of office and until the election and qualification of a successor. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

Page 4465

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a Bill to amend an Act creating a New Charter for the City of Lithonia, approved August 4, 1913, (Ga. L. 1913, P.928), as amended, particularly by an Act approved February 13, 1935 (Ga. L. 1935, P. 1100), so as to change the method of filling vacancies in the Council and in the office of Mayor; and for other purposes. This the 2nd day of February, 1988. Sen. Lawrence Bud Stumbaugh Or the Representative who introduces it. 20-17161, 2/4 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawrence Stumbaugh, who, on oath, deposes and says that he is Senator from the 55th 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 date: February 4, 1988. /s/ Lawrence Stumbaugh Senator, 55th District Sworn to and subscribed before me, this 17th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 24, 1988.

Page 4466

ROCKDALE COUNTYSTATE COURT; TERMS; ORDINANCE VIOLATIONS. No. 1010 (Senate Bill No. 565). AN ACT To amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), so as to change the provisions relating to terms of court; to change the provisions relating to the transaction of business; to provide that prosecution for violations of ordinances may be upon citation as well as by accusation under certain circumstances; to provide 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 Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The State Court of Rockdale County shall have four terms per annum which shall begin on the first Monday in January, April, July, and October at the Rockdale County courthouse in the City of Conyers. Each such term 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. The 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 2 . Said Act is further amended by striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows: Section 8. All prosecutions in criminal cases instituted in the State Court of Rockdale 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

Page 4467

which shall be entered the name of the prosecutor, if any; but the solicitor may make such accusation and proceed to trial thereon without affidavit as the basis therefor as provided by general law. Notwithstanding the foregoing provisions of this section, any prosecution for violation of an ordinance which has been transferred from the Magistrate Court of Rockdale County to the State Court of Rockdale County for a jury trial as provided in Code Section 15-10-61 of the Official Code of Georgia Annotated may be upon citation, as well as by accusation, as provided in Code Sections 15-10-62 and 15-10-63 of the Official Code of Georgia Annotated. Section 3 . This Act shall become effective on July 4, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452); and for other purposes. This 12th day of January, 1988. Harrill L. Dawkins 1tcJ19Tues. 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 date: January 19, 1988. /s/ Harrill L. Dawkins Senator, 45th District

Page 4468

Sworn to and subscribed before me, this 27th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 24, 1988. COBB JUDICIAL CIRCUITJUDGES; SALARY SUPPLEMENT. No. 1011 (Senate Bill No. 616). 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 March 26, 1987 (Ga. L. 1987, p. 4766), 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 for an additional supplement for the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 26, 1987 (Ga. L. 1987, p. 4766), is amended by striking Section 4H in its entirety and inserting in lieu thereof a new Section 4H to read as follows: Section 4H. (a) Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $22,318.00, payable in equal monthly installments from the funds of Cobb County.

Page 4469

(b) In addition to the supplement provided for in subsection (a) of this section, the chief judge of the Superior Court of the Cobb Judicial Circuit shall receive $150.00 per month, 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. L-740 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the January/February 1988 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 compensation of assistant district attorneys; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES 1:8

Page 4470

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 date: January 8, 1988. /s/ Carl Harrison Senator, 37th District Sworn to and subscribed before me, this 5th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 24, 1988. BALDWIN COUNTYSTATE COURT; JUDGE AND SOLICITOR; COMPENSATION. No. 1012 (Senate Bill No. 631). AN ACT To amend an Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 1871-1872, p. 288), as amended, so as to change the compenation provisions relating to the judge and the solicitor of the State Court of Baldwin County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 1871-1872, p. 288), as amended, is amended by striking Section 1B in its entirety and inserting in lieu thereof a new Section 1B to read as follows: Section 1B. The judge and solicitor of the State Court of Baldwin County shall each receive an annual salary of $25,000.00, payable in equal monthly installments out of the funds of Baldwin 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 1988 session of the General Assembly of Georgia a bill to amend an act creating the State Court of Baldwin County (formerly County Court of Baldwin County) approved January 19, 1872 (Georgia Laws 1871-1872, page 288), as amended, and for other purposes. This 1st day of February, 1988. Culver Kidd Senator, 25th District 2/5 AFFIDAVIT OF PUBLICATION State of Georgia, County of Baldwin: I, Roger W. Coover, do solemnly swear I am the Publisher of The Union-Recorder, a newspaper printed and published at Milledgeville, in the state of Georgia, and that from personal knowledge and reference to files of said publication, the legal advertisement of: Notice of Intention to Introduce Local Legislation - State Court was inserted in space of legal advertisement as follows: Feb 5, 1988 /s/ Roger W. Coover Publisher

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Subscribed and sworn before me this 5th day of February, 1988. /s/ Nancy D Veal Notary Public My commission expires: 8-10-90 Approved March 24, 1988. WHITE COUNTYHOMESTEAD EXEMPTION; REFERENDUM. No. 1013 (House Bill No. 1918). AN ACT To provide a homestead exemption from all White County ad valorem taxes other than county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of White County who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to provide for the specific repeal of certain provisions of law relating to White County providing for a $10,000.00 homestead exemption; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes means all White County ad valorem taxes other than county school district taxes for educational purposes, including but not limited to taxes to retire bonded indebtedness.

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(2) Homestead means homestead as defined and qualified in Code Section 48-5-40. (3) Income means gross income from all sources including income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system. (4) Senior citizen means a person who is 65 years of age or over. Section 2 . Each resident of White County who is a senior citizen is granted an exemption on that person's homestead from all White County ad valorem taxes except county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $15,000.00 for the immediately preceding taxable year. Section 3 . The tax commissioner of White County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of White County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1, 1988, has applied for and is eligible for the $10,000.00 homestead exemption provided persons 65 years of age or over pursuant to a local constitutional amendment providing homestead exemptions from White County and White County School District ad valorem taxes found at Ga. L. 1980, p. 2252, shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption.

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Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 7 . If this Act is approved in the referendum provided for in Section 8 of this Act, that local constitutional amendment providing a $10,000.00 homestead exemption for each resident of White County who is 65 years of age or over from White County and White County School District taxes, Resolution Act No. 237; House Resolution No. 643-1651; Ga. L. 1980, p. 2252, which local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, is repealed effective at the last moment of December 31, 1988; provided, however, that such repeal shall only become effective if an Act providing that each resident of White County who is 65 years of age or over is granted an exemption on that person's homestead from all White County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $15,000.00 for the immediately preceding taxable year is also approved in a referendum conducted on the date of and in conjunction with the August, 1988, general primary. Section 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of White County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1988, general primary and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 White County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which (1) provides a homestead exemption from all White County ad valorem taxes, except county school district taxes for educational purposes, in the amount of $15,000.00 for certain residents of White County who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over and (2) which repeals the current exemption from White County and White County School District ad valorem taxes in the amount of $10,000.00 for residents of White County who are 65 years of age or over and whose income does not exceed $10,000.00? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by White County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide a homestead exemption from all White County ad valorem taxes other than county school district taxes for educational purposes

Page 4476

in the amount of $15,000.00 of the assessed value of such homestead for certain residents of White County who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to provide for the specific repeal of certain provisions of law relating to White County providing for a $10,000.00 homestead exemption; to repeal conflicting laws; and for other purposes. This 22nd day of February, 1988. Bill Dover GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the White County News which is the official organ of White County, on the following date: February 25, 1988. /s/ William J. Dover Representative, 11th District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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HEARD COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 1014 (House Bill No. 1911). AN ACT To amend an Act making provisions for the Magistrate Court of Heard County, approved March 19, 1987 (Ga. L. 1987, p. 4395), so as to change the compensation of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act making provisions for the Magistrate Court of Heard County, approved March 19, 1987 (Ga. L. 1987, p. 4395), is amended by striking from Section 4 the following: $9,600.00, and inserting in lieu thereof the following: $12,000.00, so that when so amended, Section 4 shall read as follows: Section 4. The chief magistrate of the Magistrate Court of Heard County shall receive an annual salary of $12,000.00, payable 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 such 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 1988 Session of the General Assembly of Georgia a bill to amend

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an Act making provisions for the Magistrate Court of Heard County, approved March 19, 1987, (GA Laws 1987, Page 4395); and for other purposes. This 28th day of 1988 Honorable J. Crawford Ware Representative, District 77 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware, who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner which is the official organ of Heard County, on the following date: February 24, 1988. /s/ Crawford Ware Representative, 77th District Sworn to and subscribed before me, this 25th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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COBB COUNTYMOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1015 (House Bill No. 1912). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cobb County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cobb County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . The election superintendent of Cobb County shall, unless prohibited by the federal Voting Rights Act of 1965, as amended, on the date of the November general election held in 1988 conduct an election for the purpose of submitting this Act to the electors of Cobb County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of Cobb County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cobb County on a staggered basis during designated registration periods between January 1 and April 30 each year as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved?

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All persons desiring to vote for approval shall vote Yes, and those persons desiring to vote for rejection shall vote No. If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void. The expense of such election shall be borne by Cobb County. The election superintendent of Cobb County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Legislation Notice is given that there will be introduced at the regular 1988 session of the General Assembly of GA a bill to provide for the staggered registration of Motor Vehicles in Cobb Co. and to provide for a referendum election on such staggered registration: and for other purposes This 22 February, 1988 Fred Aiken Secretary of Cobb Delegation 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 date: February 26, 1988. /s/ Steve Thompson Representative, 20th District

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Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 24, 1988. RABUN COUNTYBOARD OF COMMISSIONERS; PURCHASES. No. 1016 (House Bill No. 1907). AN ACT To amend an Act creating the Board of Commissioners of Rabun County, approved March 23, 1969 (Ga. L. 1969, p. 2397), as amended, so as to change the provisions relating to purchases by the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Board of Commissioners of Rabun County, approved March 23, 1969 (Ga. L. 1969, p. 2397), as amended, is amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows: Section 13. The board shall make all purchases for Rabun County and shall make all purchases over $5,000.00 on a competitive bid basis, securing three bids on each purchase or item. The board shall not expend any funds of Rabun County in payment of purchases made in violation of this section.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a bill to amend the Act creating the Board of Commissioners to provide that all purchases shall be made in compliance with State law; and for other purposes. This 2nd day of February, 1988. Richard A. Godfrey, Chairman Rabun County Board of Commissioners 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 date: February 4, 1988. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 23rd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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TOWNS COUNTYPROBATE COURT; JUDGE; COMPENSATION. No. 1017 (House Bill No. 1906). AN ACT To amend an Act providing an annual salary for the judge of the Probate Court of Towns County, approved March 29, 1983 (Ga. L. 1983, p. 4620), as amended by an Act approved March 14, 1984 (Ga. L. 1984, p. 4125), 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 providing an annual salary for the judge of the Probate Court of Towns County, approved March 29, 1983 (Ga. L. 1983, p. 4620), as amended by an Act approved March 14, 1984 (Ga. L. 1984, p. 4125), is amended by striking Section 2 of said Act 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 equal to the minimum compensation provided in Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, as now or hereafter amended. Such salary shall be payable in equal monthly installments from the funds of Towns County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 1988 session of the General Assembly of Georgia, a bill to amend

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an act providing an annual salary for the Judge of the Probate Court of Towns County approved March 29, 1983 (Ga. L. 1983, page 4620), as amended; and for other purposes. This 23rd day of Feb., 1988. 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 date: February 25, 1988. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF ROMESCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1018 (House Bill No. 1905). AN ACT To amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district

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for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), so as to increase the amount of the exemption and the income limits for qualification for such exemption; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Each resident of the independent school district of the City of Rome who is 62 years of age or over is granted a $10,000.00 exemption on that person's homestead from ad valorem taxes for educational purposes, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed for the immediately preceding year an amount which is the greater of $16,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 2 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Rome shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the independent school district of the City of Rome for approval or rejection. The election superintendent shall conduct that election on the date of the August, 1988, primary and shall issue the call therefor not less than 30 nor more than 90 days prior to that date. 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 Floyd

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County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a $10,000.00 homestead exemption from ad valorem taxes for the independent school district of the City of Rome for certain residents of that district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be immediately repealed following that election date. The expense of such election shall be borne by the City of Rome. It shall be the superintendent's 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 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district who are 62 years of age or over and who have annual incomes not exceeding $10,000.00, approved March 25, 1986 (Ga. L. 1986, p. 4530); to provide for an increase in the amount of such exemption and such income limitations; to provide for a referendum; and for other purposes.

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This 12th day of February, 1988. Ed Hine E. M. Childers Forrest McKelvey Paul Smith GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following date: February 18 and 25, 1988. /s/ E. M. Childers Representative, 15th District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF AVONDALE ESTATESCORPORATE LIMITS. No. 1019 (House Bill No. 1909). AN ACT To amend an Act incorporating the City of Avondale Estates, approved August 25, 1927 (Ga. L. 1927, p. 813), as amended, so as to provide for 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 Avondale Estates, approved August 25, 1927 (Ga. L. 1927, p. 813), as amended, 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. The inhabitants within the corporate limits and boundaries thereinafter described in DeKalb County, Georgia, shall be and continue a body politic and corporate under the name of `City of Avondale Estates,' and as such shall have perpetual succession. The said corporate limits of the City of Avondale Estates shall embrace the territory within the following boundary to wit: beginning at the northwest corner of land lot 217 of the 15th district of orginally Henry, now DeKalb County, Georgia, thence northwesterly along the northeasterly line of Lot 37, Block A, Forrest Hills, Second Addition, as per plat recorded in Plat Book 14, page 89, DeKalb County Records, two hundred ten (210) feet to the corner formed by the intersection of the southerly side of Wiltshire Drive and the easterly side of Forrest Boulevard, if extended; thence easterly along the southerly right-of-way line of Wiltshire Drive one hundred eighty-six (186) feet, more or less, to the northeasterly corner of Lot 39, said block and subdivision; thence north one thousand nine hundred forty-five (1945) feet parallel with the west line of said land lot 232 and one hundred

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five (105) feet east therefrom to a point; thence west four (4) feet to the easterly right-of-way line of Forrest Boulevard; thence in a northerly direction along the easterly right-of-way line of Forrest Boulevard five hundred ninety-four (594) feet to the intersection of the easterly right-of-way line of Forrest Boulevard with the southerly line of Land Lot 248 of the 15th District of originally Henry, now DeKalb County, Georgia, thence west along the south line of Land Lot 248 five hundred thirty-nine (539) feet, more or less, to a southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west twelve hundred fifty-nine (1,259) feet along said Hill line to a point, which point is two hundred twenty-five (225) feet southeasterly of the present Avondale Road (said Avondale Road being the same road as the former Stone Mountain Road); thence in a westerly direction at an interior angle of eighty-nine degrees twenty-four minutes with the preceding call, a distance of three hundred seventy (370) feet to a point; thence in a northwesterly direction at an interior angle of one hundred degrees thirty-seven minutes with the preceding call, a distance of two hundred thirty (230) feet to an iron pin on the south side right-of-way line of North Avondale Road; thence westerly along said right-of-way line of North Avondale Road, then College Avenue, a distance of seven hundred two (702) feet, more or less, to a point on the southerly right-of-way line of Covington Road (formerly Avondale Road); thence southeasterly a distance of two hundred fifty (250) feet to a point; thence in a westerly direction to a point located on the westerly right-of-way line of Brown Place, a distance of one hundred seventy (170) feet, more or less; thence running northwesterly along the westerly right-of-way of Brown Place a distance of fifty (50) feet to a point; thence southwesterly one hundred forty (140) feet to a point; thence southeasterly seven and eight-tenths (7.8) feet to a point; thence westerly eighty-five (85) feet, more or less, to a point found on the westerly right-of-way line for Dalerose Avenue; thence thirty (30) feet, more or less, in a northerly direction along the westerly right-of-way line for Dalerose Avenue to a point; thence in a westerly direction two hundred forty-two (242) feet, more or less, to a point on the westerly right-of-way line

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for Hillmont Avenue; thence in a northerly direction along the westerly right-of-way line of Hillmont Avenue a distance of fifty (50) feet, more or less, to a point on the westerly right-of-way line for Hillmont Avenue; thence in a westerly direction one hundred sixteen (116) feet, more or less, to a point; thence in a southerly direction thirty-four (34) feet to a point; thence running in a westerly direction two hundred twenty (220) feet, more or less, to a point on the land lot line between land lots 247 and 248; thence continuing in a northerly direction along said land lot line a distance of four hundred fifty (450) feet, more or less, to its projects intersection with the southerly right-of-way line of the Georgia Railroad; thence continuing in a northeasterly direction along said southerly right-of-way line a distance of three hundred eight-one and one-tenth (381.1) feet; thence continuing in a northeasterly direction along said southerly right-of-way line a distance of forty-seven and six-tenths (47.6) feet; thence continuing in a northeasterly direction along said southerly right-of-way line a distance of two thousand seven hundred thirty-one and two-tenths (2731.2) feet, more or less, to its intersection with the easterly right-of-way of Oak Street; thence in a southerly direction along the easterly side of Oak Street to a point located a distance of two hundred ninety (290) feet, more or less, from the intersection of the easterly right-of-way line of Oak Street and the southerly right-of-way of the Georgia Railroad; thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage Mill a distance of two hundred (200) feet, more or less, to the intersection of this property line and the westerly side of Lake Street, were Lake Street extended in a straight line to intersect with said property line; thence in a straight line in a northeasterly direction along the original designated northerly right-of-way line of Green Street and/or the southerly property line of the Georgia Duck and Cordage Mill a distance of four hundred and eighty (480) feet, more or less, to a point; thence in a southeasterly direction a distance of two hundred and thirty (230) feet, more or less, to an intersection with the northerly right-of-way of Parry Street; thence in a northeasterly direction along the northerly right-of-way of Parry Street a distance of four hundred and five (405)

Page 4491

feet, more or less, to its intersection with the easterly right-of-way of Laredo Drive; thence in a southeasterly direction along the easterly right-of-way of Laredo Drive a distance of ninety five (95) feet, more or less, to its intersection with the westerly right-of-way of North Clarendon Avenue (formerly Stone Mountain Road); thence in a northeasterly direction along the westerly right-of-way line of North Clarendon Avenue one thousand and seventeen (1017) feet, more or less; thence in a northeasterly direction across North Clarendon Avenue and then along the northerly right-of-way line of Old Rockbridge Road five hundred and forty five (545) feet, more or less to a point; thence due south three hundred and ninety (390) feet, more or less, to the northeast corner of land lot 249; thence south along said east line of land lot 249 to the center of Covington Road; thence easterly along the center of Covington Road to the center line of Stratford Road; thence southwesterly on a curved line following the center line of said Stratford Road to the center line of Kensington Road; thence westerly along the center line of Kensington Road to the point in said center line where the lines between lots 41 and 42 in block 20 of said Avondale Estates plat, produced northerly, intersects said center line of Kensington Road; thence southwesterly along said produced line and the line between lots 41 and 42 in block 20, one hundred eighty-five and three-tenths (185.3) feet to the northeasterly corner of lot 4 of said block; thence in a southerly direction along the rear lines of lots 4 to 21 both inclusive in block 20, continuing across sidewalk between blocks 20 and 21 and along the rear lines of lots 1 to 13 both inclusive in block 21 of said plat; thence continuing across Wiltshire Drive and along the lines of lots 1 to 3 of block 22, a distance of one hundred eighty (180) feet; thence northeast along the north side of lot 61 of block 22 to the western side of Stratford Road; thence in a southerly direction along the west side of Stratford Road to the southeast corner of lot 57 of block 22; thence southwest, along the south side of lot 57 of block 22 to said lots' southwest corner; thence southwesterly on a straight line two hundred ten (210) feet to a point on the south line of said land lot 231, said point being two hundred sixty-five (265) feet east measured along said land lot line

Page 4492

from the southwest corner of said land lot 231; thence west along the south line of said land lot 231 two hundred sixty-five (265) feet to the southwest corner thereof; thence continuing west along the south line of land lot 232 to a point where the south line of the said land lot 232 intersects the west side of Clarendon Avenue; thence south along the west side of Clarendon Avenue (also known as Clarendon Road) to a point on the west side of Clarendon Avenue, said point being located four hundred fifty-eight and six-tenths (458.6) feet north of the intersection of the westerly side of Clarendon Avenue and the northerly side of Columbia Drive; thence northwesterly forty (40) feet following the contour of Clarendon Avenue to a point; thence four hundred fifty-eight and six-tenths (458.6) feet in a southwesterly direction to the intersection formed by the westerly right-of-way line of Clarendon Avenue with the northerly right-of-way line of Columbia Drive; thence in a northwesterly direction one hundred thirty-one (131) feet along the northerly right-of-way line of Columbia Drive where it intersects with the west line of land lot 217; thence north along the west line of land lot 217 to the northwest corner of said land lot 217 and 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 given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Avondale Estates, approved August 25, 1927 (Ga. L. 1927, p. 813), as amended, particularly by an Act approved March 28, 1969 (Ga. L. 1969, p. 2437), and by an Act approved February 18, 1977 (Ga. L. 1977, p. 2763), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 4402), and by Ordinance No. 784, approved October 25, 1982, and by Ordinance 797, approved August 27, 1984, and by Ordinance No. 801, approved September 23, 1985; and for other purposes.

Page 4493

This 20th day of February, 1988. Dean Alford Representative, 57th District, Post 3 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean Alford, who, on oath, deposes and says that he is Representative from the 57th 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 date: February 25, 1988. /s/ Dean Alford Representative, 57th District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. WHITE COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1020 (House Bill No. 1917). AN ACT To provide a homestead exemption from all White County School District ad valorem taxes for educational purposes in

Page 4494

the amount of $15,000.00 of the assessed value of such homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to provide for the specific repeal of certain provisions of law relating to White County providing for a $10,000.00 homestead exemption; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the White County School District, including but not limited to taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40. (3) Income means gross income from all sources including income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system. (4) Senior citizen means a person who is 65 years of age or over. Section 2 . Each resident of the White County School District who is a senior citizen is granted an exemption on that person's homestead from all White County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $15,000.00 for the immediately preceding taxable year.

Page 4495

Section 3 . The tax commissioner of White County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of White County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1, 1988, has applied for and is eligible for the $10,000.00 homestead exemption provided persons 65 years of age or over pursuant to a local constitutional amendment providing homestead exemptions from White County and White County School District ad valorem taxes found at Ga. L. 1980, p. 2252, shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 7 . If this Act is approved in the referendum provided for in Section 8 of this Act, that local constitutional amendment providing a $10,000.00 homestead exemption for each resident of White County who is 65 years of age or over from White County and White County School District taxes, Resolution Act No. 237; House Resolution No. 643-1651; Ga. L. 1980, p. 2252, which local constitutional amendment was continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, is repealed effective at the last moment of December 31, 1988; provided, however, that such repeal shall only become effective if an Act providing that each resident of White County who is 65 years of age or over is granted an

Page 4496

exemption on that person's homestead from all White County ad valorem taxes other than county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $15,000.00 for the immediately preceding taxable year is also approved in a referendum conducted on the date of and in conjunction with the August, 1988, general primary. Section 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the White County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1988, general primary and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 White County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which (1) provides a homestead exemption from all White County School District ad valorem taxes for educational purposes for that school district in the amount of $15,000.00 for certain residents of that district who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over and (2) which repeals the current exemption from White County and White County School District ad valorem taxes in the amount of $10,000.00 for residents of White County who are 65 years of age or over and whose income does not exceed $10,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of

Page 4497

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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by White County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide a homestead exemption from all White County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to provide for the specific repeal of certain provisions of law relating to White County providing for a $10,000.00 homestead exemption; to repeal conflicting laws; and for other purposes. This 22nd day of February, 1988. Bill Dover GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Dover, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention

Page 4498

to Introduce Local Legislation was published in the White County News which is the official organ of White County, on the following date: February 25, 1988. /s/ William J. Dover Representative, 11th District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. STEWART COUNTY WATER AND SEWERAGE AUTHORITYCREATION. No. 1021 (House Bill No. 1920). AN ACT To create the Stewart County Water and Sewerage Authority; to provide for a short title; to provide for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; to provide for members of the authority and their appointment, terms, qualifications, and expenses; to provide for definitions; to provide for the powers, duties, and purposes of the authority; to provide for revenue bonds, trust indentures, and sinking funds; to provide for bond validations; to provide that certain credit shall not be pledged; to provide for exemption from taxation; to provide for bond proceeds; to provide for remedies and interest of bondholders; to provide for refunding bonds; to provide for venue and jurisdiction; to provide for moneys received and for rates, charges, and revenues;

Page 4499

to provide for immunity; to provide for rules and regulations; to provide for supplemental powers; to provide for severability; to provide for the effect on other governments; to provide for construction; to provide for all matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known and may be cited as the Stewart County Water and Sewerage Authority Act. Section 2 . Stewart County Water and Sewerage Authority. (a) There is created a body corporate and politic, to be known as the Stewart County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall be composed of five members. One member shall be appointed by the governing authority of the City of Omaha who shall serve for an initial term of one year. One member shall be appointed by the governing authority of the City of Richland and one member shall be appointed by the governing authority of the City of Lumpkin who shall serve for initial terms of two years. Two members shall be appointed by the governing authority of Stewart County who shall serve for initial terms of three years. Successors to the initial members of the authority shall serve for terms of three years. The terms of all members shall begin on July 1 and shall run until June 30 of the year of expiration and until their successors are appointed and qualified. Successors shall be appointed in the same manner as the initial members in the month of June immediately preceding the expiration of a member's term of office. Any member of the authority may be selected and appointed to succeed himself. As of July 1, 1988, the members of such authority shall enter upon their duties. The members of the authority shall

Page 4500

be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of the appointing political subdivision for at least one year prior to the date of his appointment and shall not have been convicted of a felony. (d) The members of the authority shall in July of each year elect one of their number as chairman. Also, the members of the authority shall elect one of their number as vice chairman, shall elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until his or her successor is duly elected and qualified. The chairman of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of Stewart County shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. The authority may hold public hearings

Page 4501

on its own initiative or at the request of residents of Stewart County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. Section 3 . Definitions. As used in this Act, the term: (1) Authority means the Stewart County Water and Sewerage Authority created by this Act. (2) Cost of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial

Page 4502

boundaries of Stewart 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, construction, and equipping of all necessary and usual facilities useful and necessary for the gathering of waste matter of every type, including both individual and industrial, and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within and without the territorial boundaries of Stewart County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate sewerage system deemed by the authority necessary for the efficient operation of a sanitary and storm sewer system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time into a water and sewerage system as one revenue-producing undertaking and operated and maintained as such. (4) Revenue bonds and bonds mean revenue bonds 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 any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

Page 4503

Section 4 . Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act which is owned by a municipality or upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes

Page 4504

to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relating to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, and political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years, and also to enter into contracts, lease agreements, or other undertakings relative to the gathering of waste matter and the treatment of waste matter and sewage by the authority for such municipal corporations, counties, and political subdivisions or by such municipal corporations, counties, or political subdivisions for the authority. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both within and without the State of Georgia, and between the authority and public bodies, including counties and cities outside the State of Georgia; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America

Page 4505

or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short-term loans and approve, execute, and deliver appropriate evidence of such indebtedness, provided no such power is in conflict with the Constitution or general laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5 . Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may

Page 4506

be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds. Section 6 . Same; form, denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Section 7 . Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. Section 8 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. Section 9 . Same; sale; price; proceeds. The authority may sell such bonds in such manner and for such price as it may

Page 4507

determine to be for the best interest of the authority. The proceeds derived from the sale of such bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such bonds. Section 10 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 11 . Same; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. Section 12 . Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members. Section 13 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Stewart County nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14 . Trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and

Page 4508

a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for the protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15 . To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same

Page 4509

to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16 . Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; and (4) Any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase

Page 4510

or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 17 . Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18 . Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19 . Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists,

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why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Stewart County Water and Sewerage Authority. Section 20 . Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Stewart County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21 . Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23 . Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of

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the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of the same to the various municipalities and citizens in Stewart County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there does not now exist water distribution systems or furnishing sewer facilities to such customers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The authority shall also have the authority, where it deems it feasible, to sell its products and services to customers, governmental agencies, or governmental instrumentalities of adjoining states, providing the laws of the adjoining states do not prohibit or tax said activity. The authority shall not have the authority to construct water lines for the distribution of water directly to customers within or served by any municipality without first obtaining the express written consent of the appropriate governing body of said municipality and, likewise, the authority shall not have the authority to construct sewer lines for the collection of waste and sewage directly to customers within or served by any municipality without first obtaining the express written consent of the appropriate governing body of said municipality. Section 24 . Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.

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Section 25 . Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or acquired under the provisions of this Act, including the basis upon which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 26 . Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Stewart County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Stewart County when in the performance of their public duties or work of the county. Section 27 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28 . 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 29 . Effect on other governments. This Act shall not and does not in any way take from Stewart County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system or to issue revenue bonds as is provided by the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A.

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Section 30 . Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes hereof. Section 31 . Effective date. This Act shall become effective July 1, 1988, except that those parts of this Act relating to and necessary for appointing the initial members to the authority shall become effective June 1, 1988. Section 32 . 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 1988 Session of the General Assembly of Georgia a bill to create the Stewart County Water and Sewerage Authority and for other purposes this 22nd day of February. Weyman E. Cannington, Jr. Attorney-At-Law By: Weyman E. Cannington, Jr. Attorney Stewart County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following date: February 24, 1988. /s/ Gerald E. Greene Representative, 130th District

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Sworn to and subscribed before me, this 1st day of March, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF FRANKLINNEW CHARTER. No. 1022 (House Bill No. 1902). AN ACT To provide a new charter for the City of Franklin; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; 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 purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Franklin in Heard 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 Franklin. References in this charter to the city or this city refer to the City of Franklin. The city shall have perpetual existence. Section 1.11 . Corporate boundaries. 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 city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Franklin, 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. Section 1.12 . Municipal powers. (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. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;

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(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license 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 and building trades; (5) 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 the failure to pay any city taxes or fees; (6) 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, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists

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inside or outside 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; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) 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 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; (11) 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; (12) 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; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment

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of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) 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; (16) Municipal 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 the same; (17) 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; (18) 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; (19) 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; (20) 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 plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities

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are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. 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, 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; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;

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(28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) 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, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private

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use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) 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; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) 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 provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) 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 the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; 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, 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 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of

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this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers 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 councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11 . Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and 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. 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. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Franklin shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election.

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(e) On the Tuesday next following the first Monday in November, 1988, and on such day every four years thereafter, or on such other day as may be provided by general law, there shall be elected a mayor and five councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 . Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members 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, and now or hereafter amended. Section 2.13 . 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 2.14 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.

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Section 2.16 . 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 official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any

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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 councilmenber who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) 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 governmental entity 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 a party to a contract or sale shall render said contract or sale viodable at the option of the city council. (e) 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 subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law;

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(4) Knowingly violating Section 2.16 or any other 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 state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Heard County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Heard County following a hearing on a compliant seeking such removal brought by any resident of the City of Franklin. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. 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 of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election; provided, however, that the organizational meeting for the city council members elected in 1988 shall be the first regular meeting in February, 1989, and the

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mayor and council members in office at the time of adoption of this charter shall continue in office until that date. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . 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 council shall be punished as provided by ordinance. Section 3.13 . 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 meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special

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meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (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 a journal 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 and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (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 Franklin hereby ordains..... and every ordinance shall so begin.

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(b) An ordinance may be introduced by any councilmember and be 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 for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18 . 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 councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall 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 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 councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in

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an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (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 3.20 . Codification of ordinances. (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. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain 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 Franklin, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . 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) 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 3.13; (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;

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(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 may deem expedient; (10) Approve or disapprove ordinances as provided in Section 3.23; (11) Require any department or agency of the city to submit written reports whenever he deems it expedient; (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 3.23 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the city 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 city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (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

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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 section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other 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 or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four councilmembers. Section 4.11 . Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill

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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, terms of office, or manner of appointment is prescribed by this charter or by 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 otherwise provided by charter or by 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 for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by this charter or by 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 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, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

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Section 4.12 . City attorney. The city 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 city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. Section 4.14 . Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The treasurer and city clerk may be the same person. Section 4.15 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications 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;

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(4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Franklin. Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by 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 shall have attained the age of 21 years and shall be a member of the State Bar of Georgia; provided, however, if the services of an attorney cannot be obtained, any upright and intelligent person may be appointed. All judges shall be appointed by the city council. (c) Compensation of the judge or 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 assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the dutis of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.

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(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to 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 bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution 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. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of 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 law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses

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against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Heard County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. 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 applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. 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, of 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. The city council by ordinance shall establish a millage rate for the city property tax, a due date,

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and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by 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 within the city 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 may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in

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a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. 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 laws of the state. Such bonding authority shall be

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exercised in accordance with the laws governing bond issuance 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 . Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Operating budget. 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 shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of

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this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than the beginning of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27 . Changes in budget. 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 purposes. Section 6.28 . Capital improvements. (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 shall submit to the city council a proposed capital improvements budget with

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his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the beginning of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were 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. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. Section 6.29 . Audits. 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 government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.

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Section 6.32 . Sale of 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity 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 law. Section 7.11 . Rules and regulations. All ordinances, resolutions, 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 . Charter language on other general matters. Except as specifically provided otherwise by this charter, all

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rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14 . Specific repealer. An Act incorporating the City of Franklin in the County of Heard, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2299), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.15 . General repealer. All laws and parts of laws in conflict with this Act are repealed. AFFIDAVIT 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 ssid county are published. Deponent further saith that the following Notice to-wit: NOTICE Notice is hereby given that local legislation will be introduced in the forthcoming 1988 session of the General Assembly of

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Georgia, such legislation to change the charter of the City of Franklin. Crawford Ware Representative of Heard County. was published in said News Banner on 27 January 1988. /s/ B. T. McCutchen, Publisher Sworn and subscribed before me this 18th day of February, 1988. /s/ Dock H. Davis Notary Public, Heard County My Commission expires February 4, 1990 (SEAL) Legal Notices Notice Notice is hereby given that local legislation will be introduced in the forthcoming 1988 session of the General Assembly of Georgia, such legislation to change the charter of the City of Franklin. Crawford Ware Representative of Heard County. Approved March 24, 1988.

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CITY OF EMERSONNEW CHARTER. No. 1023 (House Bill No. 1686). AN ACT To provide a new charter for the City of Emerson; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; 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 purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.10 . Incorporation. The City of Emerson in Bartow 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 Emerson. References in this charter to the city or this city refer to the City of Emerson. The city shall have perpetual existence.

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Section 1.11 . Corporate boundaries. 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 city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Emerson, 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. Section 1.12 . Municipal powers. (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. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (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. Said powers shall include, but are not limited to, the following: (1) 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; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the

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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 this city; (4) Building regulations. To regulate and to license 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 and building trades; (5) 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 the failure to pay any city taxes or fees; (6) 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, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside 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; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;

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(10) 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 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; (11) 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; (12) 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; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) 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; (16) Municipal 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

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for carrying out all the powers conferred upon or delegated to the same; (17) 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; (18) 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; (19) 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; (20) 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 plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide

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subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. 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, 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; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;

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(30) 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, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) 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; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method

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of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) 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 provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) 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 the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and

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(41) 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 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10 . City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) The mayor and councilmembers 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 councilmember unless he shall have been a resident of this city for 24 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election

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for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Section 2.11 . Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and 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. 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. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) The mayor and four councilmembers shall be elected for the city at large. (e) (1) On the Tuesday following the first Monday in November, 1989, and every four years thereafter, there shall be elected two councilmembers. Councilmembers so elected shall serve for terms of office of four years and until their successors are elected and qualified. The terms of office shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. (2) On the Tuesday following the first Monday in November, 1991, and every four years thereafter, there shall be elected a mayor and two councilmembers. Councilmembers so elected shall serve for terms of office of four years and until their successors are elected and qualified. The terms

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of offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. Section 2.12 . Vacancies in office. (a) Except as provided in subsection (b) of this section, if a vacancy occurs in the office of mayor or on the council, the remaining members of the city council shall appoint an individual to fill such vacancy. The individual shall serve for the remainder of the unexpired term and until his successor is elected and qualified. (b) If a second vacancy occurs during any period of time for which a prior vacancy is being filled pursuant to subsection (a) of this section, the council shall call a special election to fill the second vacancy. The individual elected at such special election shall serve for the remainder of the unexpired term and until his successor is elected and qualified. Section 2.13 . 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 2.14 . Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15 . Compensation and expenses. The mayor and councilmembers may receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16 . 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 official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence

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of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has 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 councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall

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use property owned by such governmental entity 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 a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. Section 2.17 . Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other 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 state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the majority vote of the remaining members of the municipal governing authority after an investigative

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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 or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city 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; or (2) By an order of the Superior Court of Bartow County following a hearing on a complaint seeking such removal brought by any resident of the City of Emerson. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES Section 3.10 . General power and authority. 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 of this charter. Section 3.11 . Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council

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shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. Section 3.12 . 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 council shall be punished as provided by ordinance. Section 3.13 . 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 meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. Section 3.14 . Procedures. (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 a journal 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 and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

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Section 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, three members of the governing authority shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 3.16 . Ordinances. (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 Emerson hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be 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 for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 3.17 . Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 3.18 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council

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may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall 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 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 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 continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.19 . Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (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 3.20 . Codification of ordinances. (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.

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(b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain 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 Emerson, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 3.21 . Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. Section 3.22 . 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) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers,

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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 3.13; (8) Participate in the discussion of all matters brought before the city council and vote on matters covered by Sections 2.12 and 2.17 of this charter and on other 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 may deem expedient; (10) Approve or disapprove ordinances as provided in Section 3.23; (11) Require any department or agency of the city to submit written reports whenever he deems it expedient; (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.

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Section 3.23 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council may, upon the request of the mayor, be presented by the city clerk to the mayor within three days after its adoption. (b) If the ordinance is presented, the mayor shall within ten days of receipt of an ordinance return it to the city 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 city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (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 section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10 . Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.

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(b) Except as otherwise provided by this charter or by law, the directors of departments and other 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 or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 4.11 . Boards. (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, terms of office, or manner of appointment is prescribed by this charter or by 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 otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.

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(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by 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 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, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 4.12 . City attorney. The city 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 city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney. Section 4.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk

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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 4.14 . Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 4.15 . Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH Section 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the City of Emerson. Section 5.11 . Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or

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stand-by 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 shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12 . Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13 . Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.

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(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 bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution 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. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of 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 law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 5.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari

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shall be obtained under the sanction of a judge of the Superior Court of Bartow County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 5.15 . Rules. 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 applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. 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, of 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. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.12 . Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by 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 within the city to the extent such persons have a constitutionally sufficient nexus to this city to be

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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 may compel the payment of such taxes as provided in Section 6.18 of this charter. Section 6.13 . Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.14 . Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.15 . Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.16 . Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing,

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reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. Section 6.17 . Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. Section 6.18 . Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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, and providing for the assignment or transfer of tax executions. Section 6.19 . Borrowing. 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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20 . 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 . Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 6.22 . Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute

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the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. Section 6.23 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.24 . Operating budget. 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 shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25 . Adoption. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than December 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to

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fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. Section 6.27 . Changes in budget. 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 purposes. Section 6.28 . Capital improvements. (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 shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 15th of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose

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for which the appropriations were 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. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. Section 6.29 . Audits. 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 government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. Section 6.30 . Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31 . Purchasing. The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32 . Sale of 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.

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(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the 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 when such exchange is deemed to be in the best interest of the city. 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 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity 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 law. Section 7.11 . Rules and regulations. All ordinances, resolutions, 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 . Charter language on other general 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 completed by such city agencies, personnel, or offices as may be provided by the city council. Section 7.13 . Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

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Section 7.14 . Specific repealer. An Act incorporating the City of Emerson, approved November 11, 1889 (Ga. L. 1888-89, p. 976), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.15 . General 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 1988 session of the General Assembly of Georgia a bill to provide a new charter for the City of Emerson; and for other purposes. This 29th day of January, 1988. /s/ Boyd Pettit 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 Bartow County, on the following date: February 4, 1988. /s/ Boyd Pettit Representative, 19th District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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LENOX PARK COMMUNITY IMPROVEMENT DISTRICTCREATION. No. 1024 (House Bill No. 1688). AN ACT To provide for the creation of the Lenox Park Community Improvement District in unincorporated DeKalb County; to provide for a short title; to provide for the purposes of said district; to provide for definitions; to provide for a board to administer said district; to provide for the appointment of members of said board; to provide for taxes, fees, and assessments; to provide for the boundaries of said district; to provide for debt of said district; to provide for cooperation with local governments; to provide for powers of said board; to provide for general obligation bonds, notes, and other obligations of said district; to provide for the form of bonds, provisions for exchange and transfer, certificate of validation, specification of interest rates in notice to district attorney or Attorney General, and in notice of validation hearing, etc., and definition of terms cost of the project or cost of any project as used in bond resolutions, etc.; to provide for authorized contents of agreements and instruments of the board generally, use of proceeds of sale of bonds, notes, etc., subsequent issues of bonds, notes, etc.; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973 not apply to the offer, sale, or issuance of the board's bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act shall be known and may be cited as the Lenox Park Community Improvement District Act. Section 2 . Purpose. The purpose of this Act is to provide for the creation of a community improvement district within

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unincorporated DeKalb County for the provision of any one or more of the following governmental services and facilities: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Parking facilities; and (7) Such other services and facilities as may be provided for by general law. Section 3 . Definitions. As used herein, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horseboarding facilities, and riding stables. (2) Board means the governing body created for the governance of the Lenox Park Community Improvement District authorized by this Act. (3) Bonds or general obligation bonds means any bonds of the Lenox Park Community Improvement District which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of the district. (4) Cost of the project or cost of any project means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification,

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renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and interest on bonds, notes, or other obligations of the district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project;

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(I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (5) District means the geographical area designated as such by the resolution of the Board of Commissioners of DeKalb County consenting to the creation of the Lenox Park Community Improvement District or as thereafter modified by any subsequent resolution of the Board of Commissioners of DeKalb County. (6) Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property, with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned

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among the properties subject thereto based upon the values establish in the most recent ad valorem tax reassessment of such property certified by the chairman of the DeKalb County Board of Tax Assessors. (7) Forestry means the planting and growing of trees for sale in a program which includes reforestation of harfested trees, regular underbrush, and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (8) Hereby, herein, hereinunder, and herewith mean under this Act. (9) Lenox Park Owners Association means the Georgia nonprofit corporation, its successors and assigns, to be organized by the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district. (10) Project means the acquisition, construction, installation, modification, renovation or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within or without the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fisctures, machinerry, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose set forth in Section 2 of this Act. (11 Property owner or owner of real property means any entity or person shown as a taspayer for one or more parcels of real estate on the most recent ad valorem tax records of DeKalb County within the district as certified by the DeKalb County tax commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole.

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(12) Property used nonresidentially means property used for general commercial, office or institutional, office services, or other commercial or business use which does not include residential. (13) Taxpayer means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. Section 4 . Creation. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created the Lenox Park Community Improvement District to be located in unincorporated DeKalb County, Georgia, which shall be activated upon compliance with the conditions hereinafter provided and which shall be governed by a board as hereinafter constituted. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of the Lenox Park Community Improvement District by the Board of Commissioners of DeKalb County; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recently approved county ad valorem tax digest; and (C) The written consents provided for above shall be submitted to the DeKalb County tax commissioner who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied.

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(b) The board created hereunder shall not transact any business or exercise any powers hereunder until the foregoing conditions are met. A copy of such resolution shall be filed with the Secretary of State, who shall maintain a record of the district activated hereunder and with the Department of Community Affairs. Section 5 . Administration and appointment of board members. The Lenox Park Community Improvement District created pursuant hereto shall be administered by a board composed of seven board members to be appointed as hereinafter provided. One board member shall be appointed by the Board of Commissioners of DeKalb County and the remaining board members shall be appointed by the chairman of the Lenox Park Owners Association as the representatives of the owners of real property within the district subject to taxes, fees, and assessments levied by the board. All board members shall serve at the pleasure of the governing body which appointed same, respectively. There is no requirement that board members be residents of the district or DeKalb County. Section 6 . Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to DeKalb County as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent

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taxes shall bear the same interest and penalties as DeKalb County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the above-provided taxes between January 1 and June 1 each calendar year and notify in writing the DeKalb County tax commissioner by June 15 each year so that said tax commissioner may include the levy on its regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from the district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding, until said bonded indebtedness then outstanding is paid or refunded. Section 7 . Boundaries of the district. (a) The boundaries of the district shall be as designated by the Board of Commissioners of DeKalb County as set forth in the resolution required in Section 4 hereof, or as may thereafter be added as hereinafter provided. (b) The boundaries of the district may be increased after the initial creation of the district pursuant to the following: (1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and

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(4) The adoption of a resolution consenting to the annexation by the Board of Commissioners of DeKalb County. Section 8 . Debt. The district may incur debt without regard to the requirements of Section V of Article IX of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. Section 9 . Cooperation with local governments. The services and facilities provided pursuant hereto shall be provided for in a cooperation agreement executed jointly by the board of the district and the Board of Commissioners of DeKalb County. The provisions of this section shall in no way limit the authority of DeKalb County to provide services or facilities within the district; and DeKalb County shall retain full and complete authority and control over any of its facilities located within the district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 10 . Powers. (a) The Lenox Park Community Improvement District and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects,

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easements, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use, operation, and management of projects; (4) To acquire by purchase, easement, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district whether within or without the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance

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in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, authority, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, authority, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, authority, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by DeKalb County to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents,

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attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with DeKalb County; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (18) To do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board. Section 11 . Bondsgenerally. (a) Notes or other obligations issued by the district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of the district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants,

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assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted hereunder. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of the district. (f) Bonds issued by the district shall be 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. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of DeKalb 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. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest

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(which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms cost of the project and cost of any project shall have the meaning prescribed herein whenever those terms are referred to in bond resolutions of the board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district. Section 12 . Authorized contents of agreements and instruments of the board generally; use of proceeds of sale of bonds, notes, etc.; subsequent issues of bonds, notes, etc. (a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by the board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted herein, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance hereunder. (c) Issuance by the board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other

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obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Section 13 . Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby nor shall any such act be subject to referendum. Section 14 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 15 . Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in DeKalb County and in each municipality

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therein pursuant to the provisions of Article 9, Section 7, Constitution of the State of Georgia. Cathey W. Steinberg Representative, 46th District 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 Legislationa true copy of which is hereto annexed, was published in said newspaper in its issue of the 4th day of February 1988. Gerald Wm. Crane, Co-Publisher (by) /s/ Linda L. Orr, Agent Sworn to and subscribed before me this 4th day of February, 1988. /s/ Janet K. Simpson Notary Public My commission expires June 4, 1990 (SEAL) Approved March 24, 1988.

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PEACH COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1025 (House Bill No. 1746). AN ACT To provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Peach County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for applicability; to provide for construction of the provisions of this Act; to provide for the approval or disapproval of this Act by the voters of Peach County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Peach County school district who is 62 years of age or over and who does not have a gross income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of Peach County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this section shall extend to and shall apply to those properties,

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the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this section. In such instances, such exemptions shall be granted to such properties, if claimed in the manner provided in this section by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. It shall be the duty of any person who claims an exemption under this section to notify the tax commissioner in the event such person becomes ineligible for the exemption granted in this section. The exemption provided for in this section shall apply to all taxable years beginning after December 31, 1988. Section 2 . (a) The exemption granted by Section 1 of this Act shall be in lieu of and not in addition to the homestead exemption granted by Code Section 48-5-52 of the O.C.G.A., relating to exemption from ad valorem taxation for educational purposes of homesteads of qualified individuals 62 years of age or older. (b) If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 1 of this Act, then such increased exemption shall apply rather than the exemption granted by Section 1 of this Act. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Peach County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Peach County school district for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Peach County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which provides that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Peach County school district who is 62 years of age or over and who does not have an income from all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following that election date. The expense of such election shall be borne by Peach County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia, a bill to provide for a $12,000.00 homestead exemption for each resident of the Peach County School District who is 62 years of age or over and who has an income not exceeding $14,000.00 per year; to provide for a referendum; and for other purposes. This 5th day of February, 1988. REP. ROBERT RAY District 98

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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 and Peachland Journal which is the official organ of Peach County, on the following date: February 10, 1988. /s/ Robert Ray Representative, 98th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. TURNER COUNTYBOARD OF EDUCATION; MEETINGS. No. 1026 (House Bill No. 1766). AN ACT To amend an Act providing for the election of members of the board of education of Turner County, approved March 28, 1984 (Ga. L. 1984, p. 4862), so as to change the provisions relating to regular meetings 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 providing for the election of members of the board of education of Turner County, approved March

Page 4602

28, 1984 (Ga. L. 1984, p. 4862), 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 board of education shall hold a regular meeting at 7:00 P.M. on the second Monday of January each year. At this first regular meeting each year, the board shall set the day and time of regular monthly meetings for the remainder of the calendar year; provided, however, that the board may provide a different day or time for regular monthly meetings during months in which daylight savings time is in effect. The board may hold special meetings at any time that its duties may require. Four members of the board shall constitute a quorum for the transaction of all business which may come before them. A vote of three members shall be required for the board to act affirmatively or negatively on any matter; provided, however, that, from January 1, 1985, through December 31, 1986, the vote of four such members shall be required for such actions. 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 1988 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 Turner County, approved March 28, 1984 (Ga. Laws 1984, p. 4862), so as to allow the Board of Education of Turner County to set the dates and times of the regular meetings of the Board of Education of Turner County; and for other purposes. This the 11th day of February, 1988. BOARD OF EDUCATION OF TURNER COUNTY, GEORGIA

Page 4603

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore, who, on oath, deposes and says that she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer which is the official organ of Turner County, on the following date: February 11, 1988. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 16th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 24, 1988. CITY OF SUGAR HILLCORPORATE LIMITS. No. 1027 (House Bill No. 1767). AN ACT To amend an Act providing a new charter for the City of Sugar Hill, approved April 17, 1975 (Ga. L. 1975, p. 3232), as amended, so as to change the corporate limits of the city; to provide for maps and descriptions of the corporate boundaries; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Sugar Hill, approved April 17, 1975 (Ga. L. 1975, p. 3232), as

Page 4604

amended, is amended by adding two new sections immediately following Section 1.11, to be designated Sections 1.11A and 1.11B, respectively, to read as follows: Section 1.11A. (a) In addition to any other territory lying within the corporate limits of the City of Sugar Hill, such corporate limits shall also include the following: (1) TRACT 1: All that tract or parcel of land lying and being in Land Lot 322 of the 7th Land District, Gwinnett County, Georiga, being more particularly described as follows: Beginning at a point on the southerly right-of-way of Riverside Road (80[UNK] right-of-way) which point is located where the land lot lines separating Land Lot 337 and Land Lot 336 of the 7th Land District of Gwinnett County, Georgia, intersects said right-of-way, said point also being located 852.46 feet as measured in a generally southwesterly direction along said right-of-way from the point where said right-of-way intersects the westerly right-of-way of Sycamore Road; thence running along the southerly right-of-way of Riverside Road south 64 degrees 16[UNK] west 108.4 feet to a point; thence south 67 degrees 06[UNK] west a distance of 100 feet; thence south 68 degrees 32[UNK] west a distance of 100.4 feet to a point; thence south 68 degrees 15[UNK] west a distance of 221.6 feet to a point; thence south 70 degrees 22[UNK] west a distance of 53.4 feet to a point; thence south 75 degrees 02[UNK] west a distance of 50.1 feet to a point; thence south 79 degrees 41[UNK] west a distance of 55.3 feet to a point; thence south 85 degrees 07[UNK] west a distance of 46.5 feet to an iron pin; thence leaving said right-of-way and running south 14 degrees 25[UNK] east a distance of 2,835.2 feet to an iron pin; thence running south 58 degrees 47[UNK] west a distance of 38 feet more or less to a point where the westerly boundary of the property now or formerly owned by Tina Croy intersects the southerly boundary of the property now or formerly owned by the Amherst Group which is the true point of beginning; thence south 31 degrees 01[UNK] east 350 feet to a point; thence north 59 degrees 06[UNK] east a distance of 334.8 feet to a point; thence north 32 degrees 33[UNK] west a distance of 350 feet to a point; thence south 59 degrees

Page 4605

08[UNK] west 325.4 feet to the true point of beginning. Said tract of land being designated as tract 9A on a plat of survey prepared by W. T. Dunahoo, Surveyor, in February of 1969 as part of the Estate of Arzell S. Croy, which plat is incorporated herein by reference for a more particular description. (2) TRACT 2: All that tract or parcel of land lying and being in Land Lots 322 and 337 of the 7th Land District, Gwinnett County, Georgia, being more particularly described as follows: Beginning at a point along the southerly right-of-way of Riverside Road, said point being located at the intersection of the southerly right-of-way of Riverside Road and the line dividing Land Lots 336 and 337, said point being 852.46 feet in a westerly direction from a point located where the southerly right-of-way of Riverside Road intersects the westerly right-of-way of Sycamore Road; thence south 30 degrees 53[UNK] east 1,740.5 feet to an iron pin; thence south 58 degrees 52[UNK] west 207 feet to an iron pin; thence south 35 degrees 33[UNK] east a distance of 499.4 feet to an iron pin; thence north 61 degrees 22[UNK] east 52.9 feet to an iron pin found, said pin being located along the westerly right-of-way of Sycamore Road; thence south 15 degrees 14[UNK] east 93.7 feet to a point; thence south 17 degrees 05[UNK] east a distance of 100 feet to a point; thence south 18 degrees 18[UNK] east 45.00 feet to an iron pin, said pin being located along the westerly right-of-way of Sycamore Road; thence south 59 degrees 30[UNK] west a distance of 406.6 feet to an iron pin; thence south 11 degrees 04[UNK] east 112.3 feet to an iron pin; thence south 58 degrees 54[UNK] west 1,053.6 feet to an iron pin; thence south 58 degrees 53[UNK] 40[UNK] west 195.86 feet to an iron pin; thence south 58 degrees 43[UNK] 31[UNK] west a distance of 517.27 feet to an iron pin; thence north 24 degrees 36[UNK] 40[UNK] west 1,724.99 feet to an iron pin; thence north 59 degrees 14[UNK] 16[UNK] east 55.70 feet to an iron pin; thence north 59 degrees 14[UNK] 16[UNK] east 336.09 feet to an iron pin; thence north 59 degrees 13[UNK] 31[UNK] east 126.92 feet to an iron pin; thence north 31 degrees 12[UNK] 27[UNK] west 526.07 feet to an iron pin; thence north 31 degrees 13[UNK] 22[UNK] west 850.29 feet to an iron pin, said pin being located on the southerly

Page 4606

right-of-way of Riverside Road; thence, following a line located along the southerly right-of-way of Riverside Road, north 76 degrees 20[UNK] east 60.9 feet to a point; thence north 72 degrees 13[UNK] east 84.5 feet to a point; thence north 71 degrees 25[UNK] east a distance 100 feet to a point; thence north 73 degrees 51[UNK] east 98.4 feet to a point; thence north 74 degrees 30[UNK] east 100 feet to a point, thence north 75 degrees 18[UNK] east 98.1 feet to a point; thence north 78 degrees 48[UNK] east 100.3 feet to a point; thence north 84 degrees 49[UNK] east 94.9 feet to a point; thence north 88 degrees 54[UNK] east 100 feet to a point; thence south 89 degrees 35[UNK] east 207.9 feet to a point; thence north 85 degrees 07[UNK] east 46.5 feet to a point; thence north 79 degrees 41[UNK] east 55.3 feet to a point; thence north 75 degrees 02[UNK] east 50.1 feet to a point; thence north 70 degrees 22[UNK] east 53.4 feet to a point; thence north 68 degrees 15[UNK] east 221.6 feet to a point; thence north 68 degrees 32[UNK] east 100.4 feet to a point; thence north 67 degrees 06[UNK], east 100 feet to a point; thence north 65 degrees 16[UNK] east 108.4 feet to an iron pin, said point being the true point of beginning. Said tract of land being designated as Tract No. 2, containing 44.96 acres, and Tract No. 3, containing 19.00 acres, on a plat of survey prepared by W. T. Dunahoo and Associates, Inc., January 15, 1984 and as Tract 1, containing 53.706 acres, Tract 2, containing 1.096 acres and Tract 3, containing 4.04 acres, on a plat of survey prepared by McNally and Patrick, November 20, 1986, for the Amherst Group. Said plat is incorporated herein by reference for a more particular description. (3) TRACT 3: All that tract or parcel of land lying and being in Land Lots 337 and 336 of the 7th Land District, Gwinnett County, Georgia, being more particularly described as follows: Beginning at an iron pin located on the northerly right-of-way of Riverside Road, said point being located 894 feet in a westerly direction from a point located at the intersection of the westerly right-of-way of Sycamore Road and the northerly right-of-way of Riverside Road located at the intersection of the northerly right-of-way of Riverside Road and the line dividing Land Lots 336 and 337, thence along a line following the northerly right-of-way

Page 4607

of Riverside Road, thence south 65 degrees 28[UNK] west 40.7 feet to a point; thence south 67 degrees 22[UNK] west 98.1 feet to a point; thence south 69 degrees 07[UNK] west 348.00 feet to a point; thence south 70 degrees 33[UNK] west 55.00 feet to a point; thence south 78 degrees 43[UNK] west 60.3 feet to a point; thence south 84 degrees 05[UNK] west 54.2 feet to a point; thence north 89 degrees 23[UNK] west 100.00 feet to a point; thence north 88 degrees 01[UNK] west 100.00 feet to a point; thence north 89 degrees 26[UNK] west 100.00 to a point; thence south 86 degrees 27[UNK] west 105.2 feet to a point; thence south 80 degrees 42[UNK] west 95.00 feet to a point; thence south 76 degrees 19[UNK] west 86.8 feet to an iron pin, said pin being located on the northerly right-of-way of Riverside Road; thence north 08 degrees 49[UNK] west 374.5 feet to an iron pin; thence south 60 degrees 00[UNK] west 329.80 feet to an iron pin; thence south 60 degrees 00[UNK] west 299.4 feet to a point; thence north 30 degrees 14[UNK] west 1,670.5 feet to an iron pin, said point being located along the land lot line common to Land Lots 337 and 349; thence north 59 degrees 27[UNK] east 992.5 feet to an iron pin, said pin being located on the line dividing Land Lot 349 and 337; thence along the centerline of Scales Road (dirt) south 45 degrees 42[UNK] east 251.2 feet to a point; thence south 38 degrees 13[UNK] east 246.7 feet to a point; thence south 72 degrees 04[UNK] east 95.00 feet to a point; thence south 87 degrees 13[UNK] east 150.3 feet to a point; thence south 75 degrees 39[UNK] east 222.2 feet to a point; thence south 65 degrees 10[UNK] east 120.00 feet to an iron pin; thence leaving the centerline of Scales Road and going in a generally southeasterly direction following the centerline of a creek, following a traverse line along said creek south 20 degrees 20[UNK] east 189.00 feet to a point; thence south 42 degrees 10[UNK] east 244.2 feet to a point; thence south 17 degrees 08[UNK] east 236.4 feet to a point; thence south 21 degrees 15[UNK] west 102.7 feet to an iron pin; thence north 63 degrees 49[UNK] east 276.7 feet to an iron pin, said point being located along the line which separates Land Lot 337 and 336; thence proceeding north 30 degrees 01[UNK] 30[UNK] west along said land lot line to an iron pin located at the intersection of Land Lot 349, 350, 337 and 336; thence north 59 degrees 42[UNK] 22[UNK] east 770.75 feet to an iron pin found; thence south 09 degrees 54[UNK] 01[UNK] west 72.26 feet to an iron pin; thence south 11 degrees 02[UNK] 02[UNK] east 78.52 feet to an iron pin;

Page 4608

thence south 19 degrees 09[UNK] 02[UNK] west 217.56 feet to an iron pin; thence south 12 degrees 34[UNK] 38[UNK] east 102.56 feet to an iron pin; thence south 29 degrees 41[UNK] 01[UNK] east 392.32 feet to an iron pin; thence south 13 degrees 16[UNK] 34[UNK] east 184.83 feet to an iron pin; thence south 21 degrees 15[UNK] 06[UNK] east 765.67 feet to an iron pin; thence north 83 degrees 09[UNK] 02[UNK] west a distance of 431.56 feet to a point, said point being located on the land lot line common to Land Lots 336 and 337; thence following said land lot line in a generally southerly direction to an iron pin located on the northerly right-of-way Riverside Road, said pin being located at the true point of beginning. Said tract of land being designated as 53.67 acres and 12.11 acres on a plat of survey prepared by W. T. Dunahoo and Associates, in March of 1979, for the E. E. Robinson Estate and a tract containing 16.969 acres as shown on a plat of survey prepared by S. R. Fields, Surveyor, dated August 10, 1976, for Georgia Pugh, which plats are incorporated herein by reference for a more particular description. (4) TRACT 4: All that tract or parcel of land lying and being in Land lot 322 of the 7th Land District, Gwinnett County, Georgia, being more particularly described as follows: To find the true point of beginning, begin at a point located at the intersection of the southerly right-of-way of Riverside Road and the line dividing Land Lots 336 and 337, said point being 852.46 feet in a westerly direction from a point located where the southerly right-of-way of Riverside Road intersects the westerly right-of-way of Sycamore Road; thence south 30 degrees 53[UNK] east 1,740.5 feet to an iron pin; thence south 58 degrees 52[UNK] west 207.00 feet to an iron pin; thence south 35 degrees 33[UNK] east 499.4 feet to an iron pin; thence north 61 degrees 22[UNK] east 52.9 feet to an iron pin found, said pin being located along the westerly right-of-way of Sycamore Road; thence south 15 degrees 14[UNK] east 93.7 feet to a point; thence south 17 degrees 05[UNK] east a distance of 100.00 feet to a point; thence south 18 degrees 18[UNK] east 45.00 feet to an iron pin, said pin being located along the westerly right-of-way Sycamore Road (80[UNK] right-of-way), said point being the true point of beginning; south 59 degrees

Page 4609

30[UNK] west 406.6 feet to an iron pin; thence south 11 degrees 04[UNK] east 112.3 feet to an iron pin; thence in a generally easterly direction along a line forming the boundary of this tract and the property belonging to Ervin Croy to a point located along the westerly right-of-way of Sycamore Road; thence following a line along the westerly right-of-way of Sycamore Road in a generally north-westerly direction a distance of 105 feet to an iron pin, said pin being at the true point of beginning. Said tract of land being the same described in a warranty deed from Aaron L. Appling to Starling W. Lovett and Doris Lovett, dated April 9, 1974, recorded in Deed Book 800, Page 298, Gwinnett County, Records; (5) TRACT 5: All that tract or parcel of land lying and being in Land Lot 337 of the 7th Land District, Gwinnett County, Georgia, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Austin Garner Road (60[UNK] right-of-way), said point also being located 1,364.03 feet as measured in a generally southeasterly direction along said right-of-way from the point where said right-of-way intersects the southeasterly right-of-way of Riverside Road; thence running north 33 degrees 45[UNK] 45[UNK] east 1,009.09 feet to an iron pin; thence north 63 degrees 50[UNK] east 284.41 feet to an iron pin; thence south 30 degrees 01[UNK] 22[UNK] east 526.30 feet to an iron pin; thence south 60 degrees 28[UNK] west 126.95 feet to an iron pin; thence south 60 degrees 28[UNK] west 336.30 feet to an iron pin; thence south 60 degrees 28[UNK] west 455.75 feet to an iron pin; thence south 56 degrees 51[UNK] west 194.21 feet to a point, said point being located along the easterly right-of-way of Austin Garner Road, thence proceeding along the easterly right-of-way of Austin Garner Road north 51 degrees 49[UNK] west 38.48 feet to a point; thence north 68 degrees 08[UNK] west 56.53 feet to a point; thence north 80 degrees 35[UNK] west 34.99 feet to an iron pin which is the true point of beginning. Said tract of land being designated as 10.00 acres on a plat of survey prepared by Jack Borders Associates, dated June 13, 1983, for Jack Higgins and Karen Higgins, which plat is incorporated herein by reference for a more particular description.

Page 4610

(6) TRACT 6: All that tract or parcel of land lying and being in Land Lot 322 of the 7th Land District, Gwinnett County, Georgia, being more particularly described as follows: Beginning at a point on the centerline of Austin Garner Road (gravel road), said point being 1,537.35 feet in a northerly direction along said centerline from a point located where said centerline intersects the centerline of Old Cumming Road, thence north, following the centerline of Austin Garner Road, north 04 degrees 36[UNK] 52[UNK] east 232.56 feet to a point; thence north 14 degrees 00[UNK] 33[UNK] east 228.91 feet to a point; thence north 06 degrees 20[UNK] 23[UNK] east 116.48 feet to a point; thence, leaving the centerline of Austin Garner Road, north 58 degrees 30[UNK] 00[UNK] east 232.00 feet to an iron pin; thence north 14 degrees 16[UNK] 12[UNK] west 206.25 feet to an iron pin, said pin being located along the line which separates Land Lot 337 and 332; thence proceeding north 62 degrees 24[UNK] 58[UNK] east 455.63 feet to an iron pin; thence, leaving said common land lot line, south 19 degrees 37[UNK] 20[UNK] east 1,731.78 feet to an iron pin; thence south 62 degrees 28[UNK] 16[UNK] west 374.94 feet to an iron pin; thence north 35 degrees 35[UNK] 05[UNK] west 204.15 feet to an iron pin; thence north 39 degrees 40[UNK] 01[UNK] west 650.28 feet to an iron; thence north 84 degrees 09[UNK] 07[UNK] west 354.84 feet to an iron pin, said pin being the true point of beginning. Said tract of land being designated as 24.902 acres on a plat of survey prepared by S. R. Fields, Surveyor, May 29, 1984, for Pauline W. Pugh, which plat is incorporated herein by reference for a more particular description; and all of the territory annexed into the corporate limits of the City of Sugar Hill, Georgia, by ordinance of the Mayor and Council of the City of Sugar Hill, Georgia, between March 28, 1985 and February 15, 1988. (b) The description of this additional territory is intended to include, and is hereby declared to include, all of the property included in the tax parcels set forth below under the heading `Complete Tax Parcels' as those tax parcels are shown on tax maps of Gwinnett County, Georgia, as of January 1, 1988, and all of the public roadways and right-of-ways adjacent to those parcels and a portion of the tax parcels set forth below under the heading `Incomplete Tax Parcels':

Page 4611

(1) COMPLETE TAX PARCELS 7-253-002 7-253-006 7-253-007 7-253-008 7-253-009 7-253-010 2-253-012 7-253-013 7-253-015 7-253-016 7-253-017 7-253-018 7-253-020 7-253-022 7-253-024 7-253-027 7-254-001 7-254-003 7-254-007 7-254-010 7-254-011 7-254-013 7-254-014 7-254-015 7-254-016 7-254-017 7-254-018 7-254-019 7-254-020 7-254-021 7-254-022 7-254-023 7-254-026 7-254-036 7-255-001 7-255-003 7-255-004 7-255-005 7-255-006 7-255-007 7-255-015 7-255-025 7-255-035 7-255-037 7-255-039 7-255-041 7-256-010 7-256-026 7-256-068 7-256-071 7-256-083 7-257-011 7-257-012 7-257-089 7-257-115 7-258-001 7-258-005 7-273-002 7-273-003 7-273-004 7-273-004A 7-273-014 7-274-002 7-274-002A 7-274-003 7-274-004 7-274-005 7-274-009 7-275-006 7-275-007 7-275-026 7-275-028 7-275-029 7-275-030 7-275-031 7-275-032 7-275-033 7-275-034 7-275-035 7-275-036 7-275-037 7-275-038 7-275-039 7-275-040 7-275-041 7-275-042 7-275-043 7-275-044 7-275-045 7-275-046 7-275-047 7-275-048 7-275-049 7-275-050 7-275-051 7-275-052 7-275-053 7-275-054 7-275-055 7-275-056 7-275-057 7-275-058 7-275-059 7-275-060 7-275-061 7-275-062 7-275-063 7-275-064 7-275-065 7-275-066 7-275-067 7-275-068 7-275-069 7-275-070 7-275-071 7-275-072 7-275-073 7-275-074 7-275-075 7-275-076 7-275-077 7-275-079 7-289-007 7-289-030 7-290-002 7-290-018B 7-290-026 7-290-047 7-290-131 7-290-132 7-290-156 7-290-157 7-290-158 7-290-159 7-290-160 7-290-161 7-290-162 7-290-163 7-290-164 7-290-165 7-290-166 7-290-167 7-290-168 7-290-169 7-290-170 7-290-171 7-290-172 7-290-173 7-290-174 7-290-175 7-290-176 7-290-177 7-290-178 7-290-179 7-290-180 7-290-181 7-290-182 7-290-183 7-290-184 7-290-185 7-290-186 7-290-187 7-290-188 7-290-189 7-290-190 7-290-191 7-290-192 7-290-193 7-290-194 7-290-198 7-290-199 7-290-200 7-290-202 7-290-203 7-290-204 7-290-205 7-290-206 7-290-207 7-290-208 7-290-209 7-290-210 7-290-211 7-204-006 7-307-013 7-322-003A 7-322-003B 7-322-005 7-322-007 7-322-014 7-322-015 7-322-045 7-322-046 7-322-050 7-322-057 7-336-001 7-336-002 7-337-001 7-337-004 7-337-004A 7-337-024A 7-337-039

Page 4612

(2) INCOMPLETE TAX PARCELS 7-290-021 7-290-149 7-290-031A 7-253-001 Section 1.11B. (a) Alterations of the boundaries of this city may be made from time to time in any manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city manager and to be designated `Official Map of the Corporate Limits of the City of Sugar Hill, Georgia.' Photographic, typed, or other copies of such maps 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 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 entire map or maps which it is designated to replace. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an act providing a new City Charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga. L. 1975, page 3232, as amended) to provide for a change in the corporate limits of the City and for other purposes. This 19th day of January, 1988. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA-COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Thomas D. Jones, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that G-5557-Notice of Intent to Introduce Local Legislation-A bill to amend an act providing a new City Charter for the City of Sugar Hill, Ga. was published on January 29, 1988. /s/ Thomas D. Jones, Publisher Gwinnett Daily News Subscribed and sworn to before me this 12th day of February, 1988. /s/ Martha S. Dover Notary Public, Gwinnett County, Georgia (SEAL) Approved March 24, 1988. FULTON COUNTYLIBRARY BOARD MEMBERSHIP. No. 1028 (House Bill No. 1780). AN ACT To amend an Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), so as to reconstitute the membership of the library board of trustees; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 4613

STATE OF GEORGIA-COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Thomas D. Jones, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that G-5557-Notice of Intent to Introduce Local Legislation-A bill to amend an act providing a new City Charter for the City of Sugar Hill, Ga. was published on January 29, 1988. /s/ Thomas D. Jones, Publisher Gwinnett Daily News Subscribed and sworn to before me this 12th day of February, 1988. /s/ Martha S. Dover Notary Public, Gwinnett County, Georgia (SEAL) Approved March 24, 1988. FULTON COUNTYLIBRARY BOARD MEMBERSHIP. No. 1028 (House Bill No. 1780). AN ACT To amend an Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), so as to reconstitute the membership of the library board of trustees; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 4614

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), is amended by striking Section 4 and inserting in its place a new section to read as follows: Section 4. (a) Responsibility for constructing, operating, and maintaining all library facilities and services within the above-mentioned portions of Fulton County shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trustees. The members of the current library board of trustees in office at the time of the effective date of this section shall remain members of the library board of trustees and shall serve in that capacity through midnight June 30, 1988. Commencing July 1, 1988, the composition of the library board of trustees shall be as hereinafter provided in this section. (b) The mayor of the City of Atlanta or his designee shall serve on the library board of trustees in an ex officio capacity. One member of the Atlanta City Council shall be elected by the city council to serve as a regular member on the library board of trustees. The Chairman of the Fulton County Board of Commissioners or his designee shall also serve on the library board of trustees in an ex officio capacity; and the board of commissioners shall elect one member from their board to serve as a regular member of the library board of trustees. The members elected by the city council and the board of commissioners pursuant to this subsection shall serve for a term of four years; provided that the term shall expire at midnight on June 30 of the fourth year of the term of each such member. (c) The Board of Commissioners of Fulton County shall appoint six members of such library board of trustees, and of such membership one member shall be a resident of a municipality from the north Fulton area, one member shall be a resident of a municipality from the south Fulton area, one member shall be a resident from the special tax district

Page 4615

of the unincorporated area, and three members shall be residents of the City of Atlanta. The Chairman of the Fulton County Board of Commissioners shall appoint a seventh member, who shall be a resident of any area of Fulton County. Each of the three members from designated areas of the county as stated above shall serve a term of four years; provided that the term shall expire at midnight on June 30 of the fourth year of such member's term. All such members shall be appointed on or before July 1, 1988, except that the three members from the City of Atlanta and the member appointed by the Chairman of the Fulton County Board of Commissioners appointed under prior law for terms to expire June 30, 1990, shall serve out the terms for which they were selected and such members shall not be appointed in 1988 but shall be appointed in 1990. (d) On or before July 1, 1988, the board of trustees shall nominate two persons to fill each of five positions on the board of trustees, and of the two persons so nominated for each position the Board of Commissioners of Fulton County shall appoint one. Of these positions, three members shall serve initially for terms of two years and two members shall serve initially for terms of four years. The nomination and appointment of members under this subsection (d) shall be made such that of these five members at least one shall at all times be a resident of unincorporated south Fulton County. (e) All terms of members of the board of trustees shall serve for terms expiring on June 30 of the final year of the term. Except as specifically provided otherwise in this section, all terms shall be for four years. (f) Members of the library board of trustees shall be removed for cause or for failure to attend three consecutive meetings pursuant to the bylaws of the library board of trustees. (g) The total membership of the board of trustees shall at all times on and after July 1, 1988, consist of 16 members: four under subsection (b) of this section; seven under subsection (c) of this section; and five under subsection (d) of this

Page 4616

section. Successors shall be appointed in the same manner as the members they succeed, so that the total membership of the board will always remain 16 members. Vacancies on the library board of trustees shall be filled in the same manner as initial appointments are made. If a vacancy occurs prior to the expiration of a trustee's term, the person who is appointed to fill that vacancy shall serve for the unexpired term. 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 1988 Session of the General Assembly of Georgia a bill to amend an act creating a county-wide Library System in Fulton County approved April 12, 1982 (GA. L. 1982, p. 4174), as amended particularly by an act approved March 21, 1984 (GA. L. 1984, p. 4711), so as to reconstitute the membership of the Library Board of Trustee; to provide for related matters; to repeal conflicting laws; and for other purposes. Henry R. Bauer, Jr. Fulton County Legislative Liaison Jan. 12, 1988 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John M. Lupton III, who, on oath, deposes and says that he is Representative from the 25th 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 date: January 15, 1988. /s/ John M. Lupton III Representative, 25th District

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Sworn to and subscribed before me, this 25th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989. (SEAL) Approved March 24, 1988. CITY OF BARNESVILLECOUNCIL VOTING AND QUORUM; ELECTION OF MAYOR. No. 1029 (House Bill No. 1788). AN ACT To amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), so as to change provisions relative to voting and quorum requirements of the city council; to change provisions relative to the election of the mayor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), is amended by striking Section 2.21, relating to quorum and voting requirements, and inserting in its place a new Section 2.21 to read as follows: Section 2.21. Quorum; voting. (a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. For purposes of a

Page 4618

quorum, the mayor shall not count as a councilmember. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall be allowed to vote only to break a tied vote of the city council. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 2 . Said Act is further amended by striking subsection (c) of Section 5.11, which reads as follows: (c) The mayor shall be elected by a majority of the qualified voters of the entire city. Each member of the city council shall be elected by a majority of the qualified voters voting within each respective ward., and inserting in its place a new subsection (c) of Section 5.11 to read as follows: (c) The mayor shall be elected by the qualified voters of the entire city. The candidate for the office of mayor receiving the highest number of votes cast for such office shall be elected mayor. Each member of the city council shall be elected by a majority of the qualified voters voting within each respective ward. Section 3 . Said Act is further amended by striking Section 5.13, which reads as follows: Section 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected., in its entirety.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGAL LEEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865); and for other purposes. This 5th day of January, 1988. Larry Smith Representative 78th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, 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 Barnesville Herald-Gazette which is the official organ of Lamar County, on the following date: January 13, 1988. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4620

CATOOSA COUNTYJUDGE OF PROBATE COURT; CLERICAL HELP ALLOWANCE. No. 1030 (House Bill No. 1789). 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 25, 1986 (Ga. L. 1986, p. 4722), so as to increase the clerical help allowance 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 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 25, 1986 (Ga. L. 1986, p. 4722), 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 maximum allowance to be paid for clerical help shall be: Clerical help for the judge of the probate court 29,000.00 per annum Clerical help for the clerk of the superior court 55,000.00 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

Page 4621

affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ fulltime clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for parttime clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. PROOF OF PUBLICATION STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of THE CATOOSA COUNTY NEWS, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in THE CATOOSA COUNTY NEWS 1 times, on the issues dated, to-wit: January 20, 1988. Jim Caldwell Sworn to and subscribed before me, this the 10 day of Feb., 1988 /s/ Juanita Caldwell Notary Public, Georgia, State at Large My Commission Expires Apr. 22, 1989 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

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Notice is hereby given that there will be requested local legislation to increase the clerical allowance, and for other purposes, in the office of the probate court at the January 1988 session of the General Assembly of the State of Georgia. This the 18th day of January, 1988. Sam T. Dills, Probate Judge, Catoosa County, Georgia. Approved March 24, 1988. COLUMBIA COUNTYHOMESTEAD EXEMPTION; REFERENDUM. No. 1031 (House Bill No. 1792). AN ACT To provide for a homestead exemption from all Columbia County ad valorem taxes, including taxes to retire bonded indebtedness and including taxes levied for educational purposes, of $8,000.00 for residents of said county who are 65 years of age or over; to provide for matters 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 . For purposes of this Act, the term homestead means such term as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2 . (a) Each resident of Columbia County, Georgia, who is 65 years of age or over is granted an exemption

Page 4623

from all Columbia County ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness and including taxes levied for educational purposes, in the amount of $8,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. (b) The exemption granted by this Act shall not apply to or affect any state taxes. (c) The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Columbia County ad valorem taxes levied for county or school purposes. (d) The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 3 . The governing authority of Columbia County or its designee shall provide application forms for the homestead exemption granted by this Act and shall require such information and documentation as may be reasonably necessary to determine the eligibility of an applicant for any such homestead exemption; provided, however, that any person who is qualified to receive and is receiving the homestead exemption provided for in Code Section 48-5-47 of the O.C.G.A. shall not be required to make application under this section. The homestead exemptions granted by this Act shall be claimed and returned as provided in O.C.G.A. Section 48-5-50.1. It shall be the duty of any person granted a homestead exemption authorized by this Act to notify the governing authority of Columbia County or its designee in the event the person for any reason becomes ineligible for such exemption. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Columbia County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the

Page 4624

date thereof in the official organ of Columbia County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption from all Columbia County ad valorem taxes, including taxes to retire bonded indebtedness and including taxes levied for educational purposes, of $8,000.00 for residents of said county who are 65 years of age or over? 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 are for approval, then Section 1 of this Act shall become effective immediately; otherwise said Section 1 of this Act shall be void and this Act shall be automatically repealed upon certification of the results of the election under this section. The expense of the election shall be borne by Columbia County. The election superintendent shall hold and conduct the election and 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide for a homestead exemption from all Columbia County ad valorem taxes, including taxes to retire bonded indebtedness and including taxes levied for educational purposes, of $8,000.00 for residents of said county who are 65 years of age or over; and for other purposes. This 1st day of February, 1988. William S. Jackson Honorable William S. Jackson Representative, 83rd District February 3, 1988B

Page 4625

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 News-Times which is the official organ of Columbia County, on the following date: February 3, 1988. /s/ William S. Jackson Representative, 83rd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. COLUMBIA COUNTYTAX COMMISSIONER; COMPENSATION. No. 1032 (House Bill No. 1793). AN ACT To amend an Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, approved February 26, 1965 (Ga. L. 1965, p. 2094), as amended, so as to change the compensation of the tax commissioner of Columbia County; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4626

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, approved February 26, 1965 (Ga. L. 1965, p. 2094), 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. The tax commissioner shall receive an annual salary in the amount of $28,500.00, payable in equal monthly installments from the funds of Columbia County. This salary shall be the sole compensation of the tax commissioner, and all other moneys collected by the tax commissioner shall be public funds. 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 48-5-180 of the O.C.G.A., relating to commissions of tax commissioners, and those commissions allowed by Code Section 40-2-30 of the O.C.G.A., relating to certain commissions paid upon the issuance of license plates. Section 2 . This Act shall become effective January 1, 1989. 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 1988 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, approved February 26, 1965 (Ga. L. 1965, p. 2094), as amended; and for other purposes. This 1st day of February, 1988.

Page 4627

William S. Jackson Honorable William S. Jackson Representative, 83rd District February 3, 1988B 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 News-Times which is the official organ of Columbia County, on the following date: February 3, 1988. /s/ William S. Jackson Representative, 83rd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. GWINNETT COUNTYCORONER ABOLISHED; MEDICAL EXAMINER ESTABLISHED; REFERENDUM. No. 1033 (House Bill No. 1795). AN ACT To abolish the office of coroner of Gwinnett County and establish in its place the office of medical examiner of Gwinnett

Page 4628

County; to provide for the qualifications, appointment, service, compensation, expenses, functions, powers, rights, and duties of that medical examiner and the office thereof; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The office of coroner of Gwinnett County is abolished effective January 1, 1989, and there is established in lieu thereof and effective on and after January 1, 1989, the office of medical examiner of Gwinnett County. No person shall be elected at the November general election in 1988 or thereafter to fill the office of coroner of Gwinnett County. Section 2 . The medical examiner of Gwinnett County shall have the qualifications, shall be appointed and serve, shall be compensated and have the expenses of the office paid, and have the functions, powers, rights, and duties as specified in the general law upon which the effective date of Section 4 of this Act is contingent under Section 3 of this Act, but no person shall be qualified to hold the office of medical examiner of Gwinnett County who serves as medical examiner for any other county. Section 3 . If a bill is introduced during the 1988 regular session of the General Assembly to amend the general law so as to authorize the General Assembly by local law to abolish the office of coroner and establish in its place the office of medical examiner in any county of this state and if that bill is passed, becomes law, and becomes effective no later than April 30, 1988, Section 4 of this Act shall become effective May 1, 1988; otherwise this Act shall be void and shall be automatically repealed on that date. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gwinnett County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1988, state-wide primary and shall issue

Page 4629

the call therefor not less than 30 nor more than 60 days prior to that date. 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 Gwinnett County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which abolishes the office of coroner of Gwinnett County and establishes in its place the office of medical examiner of Gwinnett County? 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 and 2 of this Act shall become of full force and effect; otherwise, Sections 1 and 2 of this Act shall be void, shall be of no force and effect, and this Act shall be automatically repealed. The expense of such election shall be borne by Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5 . Except for Sections 1, 2, and 4 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 of this Act shall become effective only under the conditions specified in Section 3 of this Act, and Sections 1 and 2 of this Act shall become effective only under the conditions specified in Section 4 of this Act. 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 of the intent to introduce at the regular 1988 session of the General Assembly of Georgia, bill to abolish the

Page 4630

office of coroner of Gwinnett County and establish in its place the office of medical examiner of Gwinnett County; to provide for other matters relative thereto; and for other purposes. This 1st day of February, 1988. /s/ Charles Bannister Charles Bannister Representative, 62nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Bannister, who, on oath, deposes and says that he is Representative from the 62nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 11, 1988. /s/ Charles E. Bannister Representative, 62nd District Sworn to and subscribed before me, this 16th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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BULLOCH COUNTYBOARD OF COMMISSIONERS; CHAIRMAN AND MEMBERS; COMPENSATION. No. 1034 (House Bill No. 1796). 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 25, 1986 (Ga. L. 1986, p. 4732), so as to change the compensation of the chairman and other members of the board of commissioners; 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 board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4732), is amended by striking subsection (a) of Section 2 which reads as follows: (a) The name of the position `chairman and clerk' of the board of commissioners of Bulloch County is changed to `chairman.' The salary of the chairman of said board shall be $25,000.00 per annum, payable in equal monthly installments, and the salary of the other three members of the board shall be $3,600.00 per annum, payable in equal monthly installments. The chairman shall devote full time to the duties of said office. The board is authorized to furnish an automobile to the chairman for use by the chairman while on county business., and inserting in its place a new subsection to read as follows: (a) (1) The annual salary of the chairman of the board of commissioners shall be $34,000.00 per annum. (2) The annual salary of each other member of the board of commissioners shall be $4,000.00 per annum.

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(3) The salaries prescribed in paragraphs (1) and (2) of this subsection shall be paid in equal monthly installments from funds of Bulloch County. (4) The chairman shall devote full time to the duties of said office. The board is authorized to furnish an automobile to the chairman for use by the chairman while on county business. Section 2 . This Act shall become effective January 1, 1989. 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended; and for other purposes. Thisday of, 19. Honorable Robert E. Lane Representative, 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. 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 date: February 5, 1988. /s/ Robert E. Lane Representative, 111th District

Page 4633

Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. HENRY COUNTYBOARD OF COMMISSIONERS; CHAIRMAN AS CHIEF EXECUTIVE OFFICER; COUNTY ADMINISTRATOR ABOLISHED; REFERENDUM. No. 1035 (House Bill No. 1799). AN ACT To amend an Act providing a new board of commissioners of Henry County, approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a countywide basis; to provide that such chairman shall be the chief executive officer of the county; to provide for qualifications, term of office, compensation, and powers and duties of the chairman; to repeal provisions relating to the county administrator; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new board of commissioners of Henry County, approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended, is amended by adding at the end of Section 2 a new unnumbered paragraph to read as follows:

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In addition to the five members of the board of commissioners, there shall be a chairman of the board of commissioners who shall be elected by a majority of the voters of Henry County voting on a county-wide basis. In order to be eligible to qualify as a candidate for the office of chairman of the board of commissioners, a person must have been a resident of Henry County for at lease six months prior to the date of qualifying as a candidate, must be at least 25 years of age as of the date of qualifying as a candidate, and must possess a high school diploma or its equivalent. Section 2 . Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The first members of the board of commissioners of Henry County provided for by Section 2 of this Act shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The heretofore existing board of commissioners of Henry County shall stand abolished effective on January 1, 1981, when the board of commissioners elected at the 1980 general election, as provided herein, take office. (b) The initial chairman of the board of commissioners provided by Section 2 of this Act shall be elected at the general election in 1990 and shall take office on January 1, 1991, for a term of four years and until his successor is elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (c) Vacancies occurring in the membership of the board shall be filled in the following manner:

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(1) If, at the time the vacancy occurs, there are less than 360 days until the date of the next general election, a qualified successor from the district in which the vacancy occurred shall be elected by the remaining members of the board to serve until the first day of January following the next general election. A qualified successor shall be elected at the next general election to serve for the balance of the unexpired term or for the next term, whichever shall be applicable. If the vacancy is in the office of chairman, the vice-chairman shall serve as chairman until a successor shall be elected as provided herein and, during such period, the board of commissioners shall be composed of five members. (2) If, at the time the vacancy occurs, there are more than 360 days until the next general election, a qualified successor from the district in which the vacancy occurred shall be elected at a special election called for such purpose. Only the qualified electors of Henry County residing within the commissioner district wherein the vacancy occurred shall be eligible to vote at such election. The election superintendent of Henry County shall call each such election to be held not later than 60 days from the creation of the vacancy. Each such election shall be governed by the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' relative to special elections for the filling of vacancies. All persons so elected to fill a vacancy shall serve for the remainder of the unexpired term. If the vacancy is in the office of chairman, the special election provided for herein shall apply to filling such vacancy, except that the qualified electors of Henry County voting on a countywide basis shall be eligible to vote at said special election. Section 3 . Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The chairman of the board shall receive an annual salary of $45,000.00. The vice-chairman of the board shall receive an annual salary in an amount equal to 27 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. The other members

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of the board shall receive an annual salary in an amount equal to 25 percent of the annual salary now or hereafter provided by general law for the sheriff of Henry County. Said salaries 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 4 . Said Act is further amended by striking Section 8.2 in its entirety and inserting in lieu thereof a new Section 8.2 to read as follows: Section 8.2. (a) The chairman of the board of commissioners shall be the chief executive officer of the county and shall devote all of his or her working time to the affairs of the county. (b) The chairman of the board of commissioners shall have the following powers and duties: (1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced; (2) To exercise administrative authority and supervision over all departments and personnel under the jurisdiction of the board of commissioners; (3) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The chairman shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners; (4) To set the agenda for all meetings of the board of commissioners and to preside over such meetings. The chairman shall have the right to vote on matters before the board only when necessary to break a tied vote or when necessary to constitute a quorum; (5) To recommend to the board of commissioners for adoption such measures as he may deem necessary or expedient;

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(6) To supervise the performance of all contracts made by any person, company, or corporation for work done for the Henry County Board of Commissioners; (7) To act as the purchasing agent of materials and supplies for the county under such rules and regulations as may be imposed by the board of commissioners; (8) To act as budget officer and submit to the board of commissioners for its approval, 30 days before the beginning of each fiscal year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended salaries; proposed capital expenditures; recommended tax levy; and such other information and data as may be considered necessary by the board of commissioners; (9) To keep the board of commissioners fully advised at all times as to the financial condition and needs of the county; (10) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (11) To employ and remove all employees of the county, except the county attorney and county department heads, who shall be employed or removed only with the approval of the board of commissioners; (12) To serve as personnel director in the supervision and administration of the county's personnel system for county employees; (13) To delegate purely administrative duties to subordinates in the county government whose work the chairman shall supervise and direct; provided, however, the delegation or assignment of duties to subordinates shall not relieve the chairman from his responsibilities for administration of county affairs; and

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(14) To perform such other duties as may be prescribed by law or other duties as may from time to time be required by the board of commissioners. Section 5 . Said Act is further amended by striking subsection (a) of Section 11 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board of commissioners shall be the sole purchasing agent in said county and shall execute all contracts for the purchase of all articles, goods, wares, materials, merchandise, or services for the use of said county. Before contracting to buy articles, goods, wares, material, or merchandise which amounts in bulk to more than $1,000.00, it shall be the duty of said board of commissioners to obtain at least three competitive bids from dealers in the articles, goods, wares, materials, or merchandise sought to be purchased (except that emergency repairs shall be treated as services, even though they may include parts or other materials; and with the exception of any item which, by board action, shall be declared an unbiddable item), and they shall, from the same quality of goods, accept the lowest and best bid, and such bids, as well as all invoices of everything purchased, shall be kept on file by the clerk in the office of the board of commissioners. In determining whether articles, goods, wares, materials, or merchandise are of the same quality, the board may consider the utility of such items for the specific purpose for which needed, and the cost and availability of service for such items, insofar as determinable from bids and from inspection and past experience. The requirement of three bids shall not apply to the purchase of necessary items if fewer than three dealers in such items are not accessible, provided a bid or bids are obtained from the accessible dealer or dealers. The requirement of three bids shall not apply to the purchase of items (including office supplies) which any county officer is legally required to obtain or keep or which the board is legally required to furnish to such offices, nor to any purchase made through State of Georgia purchasing contracts. The requirement of three bids shall not apply to the purchase of used equipment, but purchase of said equipment shall be by negotiation by the chairman or authorized commissioners and then brought before the board of commissioners, and such action shall be spread upon

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the minutes of the said meeting. No commissioner shall receive any rebates, discounts, or perquisites on account of any contracts or purchases that might be made. The chairman, vice-chairman or, in the event both the chairman and vice-chairman are absent, three commission members of the remaining four members, in only cases of emergency, shall have the authority to employ a particular work or service for the county and enter into contracts for the performance of the particular work or service, in which case it shall be reported to the clerk of the commissioners as early as possible on the next working day, and same shall be reported to the entire board at the next regular meeting. Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election on the first Tuesday in November, 1989, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act the approved which provides that the chief executive officer of Henry County shall be a full-time chairman of the board of commissioners of Henry County to be elected on a countywide basis, which provides for the qualifications, compensation, powers, and duties of such chairman, and which repeals the office of county administrator? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 7 of this Act. If the Act is not so approved or if the election is not conducted as

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provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Henry County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7 . If the referendum provided in Section 6 of this Act is conducted and if this Act is approved at said referendum, the provisions of this Act necessary for the election of the chairman of the board of commissioners in 1990 as provided in this Act shall be effective only for the purpose of said election upon the certification of the results of said referendum election, and this Act shall become effective for all purposes on January 1, 1991. 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 1988 session of the General Assembly of Georgia a bill to amend an Act providing a new board of commissioners of Henry County, approved March 24, 1974 (Ga. L. 1974, p. 3680), as amended; to provide for a referendum; and for other purposes. This 18th day of January, 1988. Honorable Wesley Dunn Representative, 73rd District 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 date: January 20, 1988. /s/ Wesley Dunn Representative, 73rd District

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Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF COMERMAYOR AND COUNCILPERSONS; DISTRICTS; ELECTIONS. No. 1036 (House Bill No. 1800). AN ACT To amend an Act creating and incorporating the City of Comer, approved August 20, 1913 (Ga. L. 1913, p. 728), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4724), so as to provide for the continuation of the governing body of the city; to change certain designations and references; to provide for the election of the councilpersons of the City of Comer from council districts; to provide for the atlarge election of the mayor of that city; to provide for qualifications for the offices of mayor and councilpersons; to provide for majority vote requirements and nonpartisan elections; to provide for vacancies; to provide for council districts; to provide for election and terms of the mayor and councilpersons; to change the time of the municipal elections; to provide for a mayor pro tempore; to provide that certain incumbent councilmen will be deemed to have been elected from council districts; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . An Act creating and incorporating the City of Comer, approved August 20, 1913 (Ga. L. 1913, p. 728), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4724), is amended by striking Sections 4, 5, and 5.1 thereof and inserting in their place the following two sections: Section 4. (a) The government of the City of Comer shall continue to be vested in a mayor and four councilmen but on and after January 1, 1989, those councilmen shall be designated as councilpersons. Any reference in this Act to `councilman' or `councilmen' shall be deemed to refer to `councilperson' or `councilpersons,' respectively. The mayor shall be elected from the city at large, but beginning in 1988 and continuing thereafter no person shall be elected as a councilperson unless that person is elected from a council district composed of a portion of the City of Comer as described in subsection (a) of Section 5 of this Act and each such councilperson shall be elected by the qualified electors voting only in that council district. (b) Neither the mayor nor any councilperson shall be ineligible for public office pursuant to Code Section 45-2-1 of the O.C.G.A. Each person elected from a council district shall have been a resident of that district for at least six months prior to the date of the election, shall remain a resident during that person's term of office, and upon ceasing to be such a resident of that district that councilperson's office shall automatically become vacant. The mayor shall remain a resident of the City of Comer during the mayor's term of office and upon ceasing to be such a resident that mayor's office shall automatically become vacant. A person wishing to offer as a candidate for the office of mayor shall so designate, and a person wishing to offer as a candidate for councilperson shall designate the council district for which that person is offering. The mayor and councilpersons shall be nominated and elected in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A. No person shall be elected to any such office unless such person receives a majority of the votes cast therefor. All such elections shall be nonpartisan. (c) In the event the office of mayor or councilperson becomes vacant for any reason other than expiration of term,

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the remaining members of the council shall appoint a person to fill the vacancy in such office for the unexpired term. A person appointed to fill a vacancy as mayor or councilperson shall meet, as of the time such person takes office, the residency and other requirements established for that office pursuant to subsections (a) and (b) of this section. Section 5. (a) For purposes of electing councilpersons, the City of Comer shall be divided into four council districts as follows: Council District 1 Beginning at the City Limits at the south point of Highway 22; thence north to property line between Comer Lions Club and Grayson Riner; thence in an easterly direction north 77 degrees 32 minutes east 615.3 feet to an iron pin; thence north 7 degrees 32 minutes west 19.1 feet to an iron pin; thence north 10 degrees 22 minutes west 80.0 feet to an iron pin; thence north 11 degrees 59 minutes west 279.6 feet to an iron pin on the southerly right-of-way of Forest Avenue; thence east on Forest Avenue to Madison Street; thence north on Madison Street to railroad tracks; thence east along railroad tracks to intersection of railroad tracks and Spring Circle; thence south on Spring Circle to Railroad Avenue; thence east on Railroad Avenue to City Limits; thence in a southwesterly direction along the City Limits to Highway 22 and the point of beginning. Council District 2 Beginning at the intersection of the City Limits and the easterly point on Railroad Avenue; thence west on Railroad Avenue to Spring Circle; thence north on Spring Circle to the railroad tracks; thence west on railroad tracks to Oak Street; thence north on Oak Street to Highway 72; thence east on Highway 72 to Popular Street; thence north on Popular Street to Laurel Avenue; thence west on Laurel Avenue to Vine Street; thence north on Vine Street to Paoli Road; thence north on Paoli Road to City Limits; thence in an southeasterly direction along the City Limits to Railroad Avenue and the point of beginning.

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Council District 3 Beginning at the City Limits at the northern-most point on Paoli Road; thence south on Paoli Road to Vine Street; thence south on Vine Street to Laurel Avenue; thence east on Laurel Avenue to Main Street; thence south on Main Street to Pine Avenue; thence west on Pine Avenue to Ivy Street; thence south on Ivy Street to Highway 72; thence west on Highway 72 to City Limits; thence in a northeasterly direction along the City Limits to Paoli road and the point of beginning. Council District 4 Beginning at the City Limits at the westerly-most point of Highway 72; thence east on Highway 72 to Ivy Street; thence north on Ivy Street to Pine Avenue; thence east on Pine Avenue to Main Street; thence north on Main Street to Laurel Avenue; thence east on Laurel Avenue to Popular Street; thence south on Popular Street to Highway 72; thence west on Highway 72 to Oak Street; thence south on Oak Street to railroad tracts; thence west on railroad tracks to Madison Avenue; thence south on Madison Avenue to Forest Avenue; thence on Forest Avenue to the property line between Clifford Porterfield (formerly Randolph Coker) and Grayson Riner; thence in a southerly direction south 11 degrees 59 minutes east 279.6 feet to an iron pin; thence south 10 degrees 22 minutes east 80.0 feet to an iron pin; thence south 7 degrees 32 minutes east 19.1 feet to an iron pin; thence south 77 degrees 32 minutes west 615.3 feet to an iron pin on the easterly right-of-way of Highway 22; thence south on Highway 22 to City Limits; thence in a northwesterly direction along the City Limits to Highway 72 and the point of beginning. (b) Any part of the City of Comer which is not included in a council district described in subsection (a) of this section shall be included within that district which is contiguous to that part and which contains the least population according to the United States decennial census of 1980 or any future such census for the State of Georgia. (c) The mayor elected to such office at the 1986 municipal general election, or any person who is mayor by reason

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of having been appointed to fill the vacancy in the office of that mayor elected in 1986, shall continue to serve out the term of that office which shall expire December 31, 1988, and upon the election and qualification of a successor, which successor shall be elected to that office at the 1988 municipal general election, which shall be conducted at the time of the November state-wide general election in 1988. That successor shall take office the first day of January immediately following that election and serve for an initial term of two years. (d) For purposes of electing their successors, who will be the first councilpersons elected from council districts described in subsection (a) of this section, the following named incumbent councilmen, or any person appointed to fill a vacancy in the office of such councilman, shall be deemed to have been elected from council districts as follows: Mr. Wayne Brown Council District 1 Ms. Allene Pendleton Council District 2 Mr. Clifford Yarbrough Council District 3 Mr. Grayson Riner Council District 4 (e) Those incumbent councilmen deemed under subsection (d) of this section to have been elected from Council Districts 1 and 4 shall continue to serve out their terms of office, which shall expire December 31, 1988, and upon the election and qualification of their respective successors. Those successors, who are the first to be elected from Council Districts 1 and 4, shall be elected at the 1988 municipal general election, which shall be conducted at the time of the November state-wide general election in 1988, shall take office the first day of January following that election, and serve for initial terms of two years each and until their successors are elected and qualified. (f) Those incumbent councilmen deemed under subsection (d) of this section to have been elected from Council Districts 2 and 3 shall continue to serve out their terms of office, which shall expire December 31, 1989, and upon the election and qualification of their respective successors. Those successors, who are the first to be elected from Council Districts 2 and 3, shall be elected at the municipal general

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election in 1989, which shall be conducted on the Tuesday next following the first Monday in November, 1989, shall take office the first day of January immediately following that election, and serve for initial terms of one year each and until their respective successors are elected and qualified. (g) After the initial terms of office specified in subsections (c), (d), (e), and (f) of this section, all future successors to the mayor and councilpersons whose terms are to expire shall be elected at the same time at the municipal general election, which shall be conducted at the time of the November state-wide general election immediately preceding the expiration of such terms, and shall take office the first day of January immediately following that election to serve for terms of two years each. A person elected as mayor or councilperson shall serve for the respective term of office specified therefor by this section and until that person's respective successor is elected and qualified. Except for the municipal general election conducted in November, 1989, beginning in 1988, municipal general elections shall be held only on the Tuesday next following the first Monday in November on which is held the state-wide general election. (h) At the first regular meeting of the mayor and council each year they shall elect one of their number as mayor pro tempore, whose term of office shall be one year. Section 2 . Those provisions of this Act relating to and necessary for the election of the mayor and the councilpersons from Council Districts 1 and 4 in 1988 shall become effective upon the approval of this Act by the Governor or upon its becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1989. 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 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Comer, approved August 20, 1913, (Ga. L. 1913, pp. 728-753 inclusive), as amended; and for other purposes.

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This 21st day of January, 1988. Mayor and Council City of Comer PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF MADISON Before me, the undersigned, a Notary Public, this day personally came Jere Ayers who, being first duly sworn, according to law, says that he is the publisher of THE COMER NEWS, a newspaper of general circulation with its principal place of business in said County and that the Legal Notice, Notice of Intention to Introduce Local Legislation, was published in the January 28 1988 issue of said newspaper. /s/ Jere Ayers Subscribed and sworn to before me this 28th day of January, 1988. /s/ Virginia O'Kelley Notary Public (SEAL) Approved March 24, 1988.

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CHEROKEE AND FORSYTH COUNTIESSTATE COURT; JUDGE AND SOLICITOR; QUALIFICATIONS; CLERK AND SOLICITOR; COMPENSATION; PROCEDURES. No. 1037 (House Bill No. 1801). 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, so as to change the provisions relating to jurisdiction; to change the provisions relating to the qualifications of the judge and solicitor; to provide that the solicitor shall be a full-time solicitor; to change the compensation of the solicitor; to change the provisions relating to the clerks of the superior courts serving as clerks of this court; to change the provisions relating to compensation of the clerks; to change the provisions relating to judgments and defaults; to change the provisions relating to contempt; to change the provisions relating to binding over offenders; to change the provisions relating to books, records, equipment, and expenses; to repeal the provisions relating to motions for new trial in certain cases; to repeal the provisions relating to new trials and notices of appeal in other cases; to repeal the provisions relating to small claims; to provide for practice and procedure; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), as amended, is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. State Court of Cherokee and Forsyth Counties created; jurisdiction. A state court for the Counties of Cherokee and Forsyth, to be known as `State Court of Cherokee and Forsyth Counties' is created with civil and criminal jurisdiction in said counties concurrent with the superior

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court, insofar as is provided in this Act, to be held in the Cherokee County courthouse and in the Forsyth County courthouse, to try and dispose of all civil cases of whatever nature, except those cases of which the laws and Constitution of this state have given the superior court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the counties comprising said court. The court shall have power and authority to issue warrants of every kind, dispose of issues arising therefrom, hold commitments, and bind over offenders to the proper court as the case may require. Jurisdiction conferred in this section shall include not only the ordinary suits by petition and process or summons, but also all other kinds of suits and proceedings that now or may hereafter be in use in an inferior court or in the superior court, either under common law or statute. The judge of the State Court of Cherokee and Forsyth Counties shall have the power to issue writs of habeas corpus and hear and dispose of the same in the way and with the same powers as the judge of the superior court. The jurisdiction of such court shall include the punishment of contempt by fine not exceeding $500.00 or by imprisonment not exceeding 20 days or both and shall include the review of decisions of other courts as may be provided by law. Section 2 . Said Act is further amended by striking Section 3 of said Act and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Judge's qualifications, salary, and oath. (a) The judge of the State Court of Cherokee and Forsyth Counties shall receive 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. (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

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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 conties. No person shall be eligible for the office of judge of said court unless he shall, at the time of qualification, be at least 25 years of age; a resident of Cherokee County or Forsyth County at least three years immediately preceding his appointment or election; and must have actively practiced law for at least five 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.', which oath shall be filed with the clerk of the superior court of each county. Section 3 . Said Act is further amended by striking Section 4 of said Act and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Solicitor's qualifications, salary, and oath. (a) The solicitor of the State Court of Cherokee and Forsyth Counties shall be a full-time solicitor and shall receive an annual salary of $45,000.00. 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. (b) The solicitor of said court shall receive no other compensation for his duties as such and shall not practice law

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in Cherokee and Forsyth counties in any case of which the State Court of Cherokee and Forsyth Counties has jurisdiction. No person shall be eligible to hold the office of solicitor unless, at the time of his qualification, he shall be at least 25 years of age and shall have been a resident of either Cherokee County or Forsyth County for a period of at least one year immediately preceding his election and shall have been actively engaged in the practice of law in this state for one year immediately before taking office. Said solicitor, before entering upon the duties of his office, shall take and subscribe the following oath before the judge of the Probate Court of Cherokee and Forsyth Counties: `I do solemnly swear that I will faithfully and impartially, and without favor or affection, discharge my duties as solicitor of the State Court of Cherokee and Forsyth Counties, so help me God.' If for any reason the solicitor shall be absent or disqualified to act in any case, the court shall appoint a solicitor pro tempore whose compensation shall be fixed by the judge of said court and who shall be paid by the commissioner of Cherokee County and by the board of commissioners of Forsyth County. Section 4 . Said Act is further amended by striking Section 6 of said Act and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Clerks of the superior court to be clerks of state court. The clerk of the Superior Court of Cherokee County and the clerk of the Superior Court of Forsyth County shall be the clerks of the State Court of Cherokee and Forsyth Counties. Any deputy or deputies the clerks may have or may hereafter have shall also be deputy clerks of said court. Section 5 . Said Act is further amended by striking Section 7 of said Act and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Additional compensation of clerks. In addition to any salary now or hereafter paid to said clerks of the superior courts and in addition to any other compensation

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now provided by law as compensation for said clerks, the clerks of the superior courts shall be entitled to salary supplements in the amount of $300.00 per month for said duties. Salary supplements for clerks shall be paid by the county in which each clerk resides and not pro rata as other expenses are paid. Section 6 . Said Act is further amended by striking Section 14 of said Act and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Judgments and defaults. All judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the state in the same manner as are judgments in the superior court. All executions issuing from said court shall be attested in the name of the judge and directed to the sheriffs or their deputies of the State Court of Cherokee and Forsyth Counties and to all and singular the sheriffs and their deputies of the State of Georgia. All processes of all kinds issued from said court shall be directed in the same manner as executions. Section 7 . Said Act is further amended by striking Section 18 of said Act, which reads as follows: Section 18. Judge's PowersContempt. The Judge of the State Court of Cherokee and Forsyth Counties shall have the power to enforce its orders, to preserve order, to punish for contempt and to enforce all of his judgments as is vested by laws in the judges of superior courts of this State., in its entirety. Section 8 . Said Act is further amended by striking Section 22 of said Act and inserting in lieu thereof a new Section 22 to read as follows: Section 22. Duty of the magistrates in binding over offenders. It shall be the duty of committing magistrates to bind over to said State Court of Cherokee and Forsyth Counties all persons charged with offenses committed within the limits of Cherokee and Forsyth counties over which said court has jurisdiction there to answer said offense unless

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said accused is discharged by said committing magistrate. Section 9 . Said Act is further amended by striking Section 25 of said Act and inserting in lieu thereof a new Section 25 to read as follows: Section 25. Books, records, equipment, and expenses. The governing authorities of said counties shall provide for the necessary books for keeping the dockets, minutes, and records of said court and provide for all supplies and equipment of every kind and character necessary in operating said court and provide a suitable place in each county courthouse for holding said court. The judge of said court shall fix the salaries of his clerical staff. The solicitor shall set the number of his staff and their compensation with the approval of the governing authorities of both counties. The salaries of the clerical and investigative staff shall be paid out of the general funds of said counties. Section 10 . Said Act is further amended by striking Section 30 of said Act, which reads as follows: Section 30. Motion for New Trial in Certain Cases. In all cases where the amount involved is less than $500.00, exclusive of interest, attorney's fees, and costs, either party being dissatisfied with the judgment therein, may make an oral or written motion for a new trial then and there, which may be heard by the judge presiding instanter, or at a subsequent date to be fixed by the judge, and no brief of evidence shall be necessary to hear and determine said motion. Should the court grant said motion upon any ground, there shall be no appeal from the first grant of a new trial, and the case shall stand for new trial de novo. Should the judge decline to grant a new trial on said motion, he shall prepare an order to that effect; then the movant or complaining party may apply to the Superior Court of Cherokee and Forsyth Counties for writ of certiorari, and said judgment may be reviewed., in its entirety. Section 11 . Said Act is further amended by striking Section 31 of said Act, which reads as follows:

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Section 31. New Trial and Notice of Appeal in other Cases. In all cases where the amount involved is $500.00 or more, either party to said cause or his counsel shall make and file a written motion for new trial or notice of appeal within 30 days from the date of the ruling complained of, which written motion or notice shall follow the same practice and procedure as that in use by the superior courts of this State. This procedure shall likewise apply to appeals in all misdemeanor cases., in its entirety. Section 12 . Said Act is further amended by striking Section 33 of said Act, which reads 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., in its entirety. Section 13 . Section 3 of this Act shall become effective on January 1, 1989. The remaining sections of this Act shall become effective immediately upon approval of this Act by the Governor or upon becoming law without such approval. Section 14 . 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, approved February 25, 1974 (Ga. L. 1974, p. 2114), as amended; and for other purposes. This 29th day of January, 1988. /s/ Hasty Prichard GEORGIA, FULTON COUNTY

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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 date: February 3, 1988. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), as amended; and for other purposes. This 29 day of January, 1988. /s/ Bill H. Barnett 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 official organ of Forsyth County, on the following date: February 3, 1988. /s/ William G. Hasty, Sr. Representative, 8th District

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Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF JONESBORO; MAYOR AND COUNCILMEN; VACANCIES. No. 1038 (House Bill No. 1812). AN ACT To amend an Act creating a new charter for the City of Jonesboro, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, so as to provide a method for filling vacancies in the office of mayor or councilman; 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 Jonesboro, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, is amended by adding a new Section 4A, immediately following Section 4, to read as follows: Section 4A. Filling of vacancies. In the event that the office of mayor or councilman 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 official; provided, however, if such vacancy occurs within six months of the date of the next regular election, the city council or those remaining shall appoint a successor

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for the remainder of the unexpired term. In all other respects, the special election shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code.' 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 1988 Regular Session of the General Assembly of Georgia a Bill to provide that vacancies occurring on the governing body of the City of Jonesboro, Georgia within six months of a General Election shall be filled by appointment of the remaining governing body members; to repeal conflicting laws; and for other purposes. This 27th day of January, 1988. GLAZE, FINCHER BRAY, P.C. City Attorneys City of Jonesboro Personally appeared before the undersigned, a notary public within and for said county and state, Clayton County, State of Georgia, publisher of Clayton News/Daily the official organ for the County of Clayton for the publication of official or legal advertisements for said county. Said newspaper published at Jonesboro, Georgia, County of Clayton, State of Georgia, who, being duly sworn, states on oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the January 29, 1988 /s/ William L. Wadkins, Publisher /s/ Brenda P. Casey, Agent

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Sworn to and subscribed before me this 29th day of January 1988. /s/ Judith L. Bray, Notary Public My commission expires November 23, 1990 (SEAL) Approved March 24, 1988. GWINNETT COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; POWERS; DUTIES. No. 1039 (House Bill No. 1815). AN ACT To amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, so as to create a new board of commissioners of Gwinnett County; to provide for definitions; to provide for four members and a chairman; to provide for elections; to provide for qualifications, terms, and elections procedures; to provide for commissioner districts; to provide for the preservation of the terms of the current chairman and members of the board of commissioners; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board; to provide for a vice chairman; to provide for powers, duties and vacancies; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairman and members of the board of commissioners; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the internal organization of the county government; to provide for the establishment or alteration of departments; to authorize the creation of the office of county manager; to provide for the preparation, submission, review, adoption, and

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amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; 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 Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, is amended by striking Sections 1 through 24 and inserting in their places new Sections 1 through 18 to read as follows: Section 1. There is created in and for the County of Gwinnett a chairman and board of commissioners to be elected and organized as provided in this Act. The chairman and board of commissioners shall constitute the governing authority of Gwinnett County and shall exercise the powers, duties, and responsibilities vested in and imposed upon such officers by this Act. Section 2. For the purpose of this Act, certain terms and words are defined. County, county funds, county finances, county records, county financial records, county departments, county offices, county agencies, county property, county budget, and county financial needs are defined so as to include within the meaning of such terms or words only those Gwinnett County funds, finances, records, financial records, departments, offices, agencies, property, budget, and financial needs under the supervision, direction, and control of the board of commissioners of Gwinnett County. An audit of county finances and financial records shall include only those county finances and financial records under the supervision, direction, and control of the board of commissioners of Gwinnett County and shall not include the county finances and financial records maintained under the supervision, direction, and control of the Gwinnett County School Superintendent or the Gwinnett County Board of Education. There shall not be included within the definition of such terms and words those Gwinnett County funds, finances, records, financial records, departments, offices, agencies, property, budget, and financial needs under the supervision and control of the

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Gwinnett County School Superintendent or the Gwinnett County Board of Education. Section 3. (a) The board of commissioners of Gwinnett County 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 board shall be a resident of the commissioner district created by this section which he offers to represent, excluding the chairman, and shall be elected by the qualified voters of such district. The chairman and members of the board of commissioners shall be elected by a majority vote. For the purpose of electing members of the board of commissioners, Gwinnett County is divided into four commissioner districts 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 (b) (1) 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.

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(2) 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. (c) The members of the board of commissioners in office on January 1, 1988, representing former Commissioner Districts No. 1 and No. 3 shall serve out the remainder of the term to which they were elected, such terms expiring on December 31, 1988. At the general election in 1988 and every four years thereafter, a member of the board of commissioners shall be elected from Commissioner Districts No. 1 and No. 3 as provided in this Act. (d) The members of the board of commissioners in office on January 1, 1988, representing former Commissioner Districts No. 2 and No. 4 shall serve out the remainder of the term to which they were elected, such terms expiring on December 31, 1990. At the general election in 1990 and every four years thereafter, a member of the board of commissioners shall be elected from Commissioner Districts No. 2 and No. 4 as provided in this Act. (e) The chairman of the board of commissioners in office on January 1, 1988, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1988. At the general election in 1988 and every four years thereafter, the chairman shall be elected by the qualified voters of the entire county as provided in this Act. (f) The chairman and each member of the board of commissioners elected pursuant to this Act shall serve for terms of office of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (g) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' Section 4. (a) The chairman shall be a citizen of this state, shall be a resident of Gwinnett County, shall hold no

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other elective or appointive public office, and shall not be authorized to serve as a full member of any county board, commission, or authority created by local Act or by county ordinance. (b) Members of the board of commissioners, other than the chairman, shall be citizens of this state who have been residents of their respective commissioner districts preceding their election, shall hold no other elective or appointive public office, and shall not be authorized to serve as a full member of any county board, commission, or authority created by local Act or by county ordinance. Section 5. In the event of a vacancy in the office of chairman or a member of the board of commissioners whose unexpired term exceeds 180 days, it shall be the duty of the judge of the probate court to call a special election for the filling of such vacancy, which election shall be governed by the general laws of this state relating to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the board of commissioners to fill the vacancy by appointment of a qualified person meeting the residence requirements. Section 6. Before entering upon the discharge of their duties, the chairman and members of the board of commissioners shall subscribe an oath before the judge of the probate court for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairman shall further give a satisfactory surety bond to be approved by the judge of the probate court and payable to the judge of the probate court or his successor in office and filed in the office of the judge of the probate court, in the sum of $100,000.00, conditioned upon the faithful performance of the duties of the office. Each member of the board of commissioners shall give like bond in the sum of $25,000.00. The costs of such bonds shall be paid out of the county treasury. Section 7. (a) Each member of the board of commissioners, other than the chairman, shall be paid as his entire compensation for services as such member a salary of $12,500.00 per year to be paid in equal monthly installments

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out of the county treasury upon warrants drawn upon the county treasury. Each such member shall be reimbursed for actual expenses incurred in the performance of his duties as such member in an amount not to exceed $5,000.00 per year. (b) (1) Effective until January 1, 1989, the chairman shall receive as his compensation a salary of $35,000.00 per year. This salary shall be increased on January 1, 1982, by an amount equal to 3 percent of said salary and on January 1 of each year thereafter shall be increased by an amount equal to 3 percent of the salary received the immediately preceding year. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. (2) Effective January 1, 1989, the chairman shall receive as compensation a salary of $50,000.00 per year. Said salary shall be paid in equal monthly installments out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. The chairman shall be reimbursed for actual expenses incurred in the performance of duties as chairman of the commission in an amount not to exceed $7,000.00 per year. Section 8. At the first regular meeting in January of each year, the board of commissioners shall elect from its members a vice chairman. In the event of death, disqualification, or resignation of the chairman, the vice chairman shall perform the duties and authority of the chairman until a new chairman is chosen as provided in this Act. The vice chairman shall preside at meetings of the board of commissioners in the absence of the chairman and shall serve for the current calendar year. In the event of a vacancy in the office of vice chairman, the board of commissioners shall elect a new vice chairman to serve for the remainder of the calendar year. Section 9. The board of commissioners shall hold regular meetings on the first and third Tuesdays of each month at 10:00 A.M. and on the fourth Tuesday of each month at

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7: 00 P.M. Work sessions will be held on the second and fourth Tuesdays of each month at a time to be designated by the board of commissioners. At the evening meeting on the fourth Tuesday, the board of commissioners shall hear applications for rezoning. These meetings, work sessions, and other meetings shall be at the county seat or such other location within the county as the board of commissioners designates and shall be open to the public. The board of commissioners shall be authorized to change the scheduled time of the regular meetings and the day and time of the work sessions by duly adopted resolution, provided that notice of such change shall be published in a newspaper of general circulation and in the official county organ for three weeks within a period of 60 days prior to the adoption of the resolution. 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 of commissioners, provided all members shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the board of commissioners except in a meeting which is open to the public. The chairman and any two members of the board of commissioners, or any three members of the board of commissioners, exclusive of the chairman, shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the commission. The chairman shall be entitled to the same voting rights as other members of the board of commissioners on questions considered by the commission. Section 10. (a) The chairman shall be the chief elective officer of the county government and shall preside over the meetings of the board of commissioners. (b) The duties of the chairman shall include, but not be limited to, the following: (1) Maintaining a full-time office in the administrative center; (2) Presiding at all public meetings; (3) Representing the county government at ceremonial functions;

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(4) Being available to the constituency on a regular basis; (5) Coordinating intergovernment activity among municipalities, other counties, state, and federal agencies; (6) Being empowered to submit motions to the board of commissioners for action and continuing to vote as necessary; (7) Sharing equal responsibility with other commissioners for budget approval and amendments and the approval of the board of commissioners staff additions or separations; and (8) Taking the lead role in initiating needs assessments, evaluation of county services, and policy development. Section 11. The board of commissioners 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. Such policies, rules, and regulations, when so adopted, with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners 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. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction: (1) To levy taxes; (2) To make appropriations; (3) To fix the rates of all other charges; (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;

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(6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, bridges, and ferries, according to law; provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of roads and revenues of Gwinnett County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the board of commissioners of Gwinnett County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; and (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation.

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Section 12. Formal sealed bids shall be received for all purchases in amounts over $5,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Gwinnett County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. Section 13. The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by general law, where not otherwise prescribed by such general law, shall be made and fixed by the board of commissioners within budgetary provisions. Section 14. The internal organization of the county government shall be as established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated. The office of county manager may be created by the governing authority of Gwinnett County in the manner provided for in Code Section 36-5-22 of the O.C.G.A. Section 15. The chairman shall submit or cause to be submitted annually to the board of commissioners, by not later than December 1, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A. The budget shall then be adopted by the board of commissioners at the first regular meeting in January of the year to which it applies, which budget, when so adopted by the board of commissioners, shall constitute the board of commissioners' appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting which has been advertised in accordance with subsection (e) of Code Section 36-81-5 of the O.C.G.A. and no increase shall be made in such budget without provision also being made for financing such increase. The proposed

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budget submitted by the chairman shall be accompanied by a report containing information and data required by subsection (b) of Code Section 36-81-5 of the O.C.G.A. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairman to the grand jury of the Superior Court of Gwinnett County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners. Section 16. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The board of commissioners shall enforce compliance with this section by all departments of county government, including those for elected officers and, to this end, the chairman shall institute a system of expenditure of all moneys appropriated and budgeted. Section 17. The board of commissioners shall obtain proposals and employ a certified public accountant for the making of an annual, continuous audit of county finances and financial records in the manner provided for in Code Section 36-81-7 of the O.C.G.A. The accountant so employed shall be paid by the board of commissioners out of county funds and shall perform a complete audit of the financial records of the county for the ensuing year, point out any irregularities found to exist, and report the results of such audit to the the board of commissioners annually. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records. The board of commissioners shall cause to be published in the official organ of Gwinnett County posted at the courthouse door a statement of the financial condition of the county as of December 31 of each year. The accountant shall transmit to the grand jury of the Superior Court of Gwinnett County a copy of each annual report furnished by him to 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

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Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to create a new board of commissioners of Gwinnett County and the office of county manager of Gwinnett County; and for other purposes. This 12 day of January, 1988. /s/ Mike Barnett GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 22, 1988. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 1st day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF SNELLVILLECORPORATE LIMITS. No. 1040 (House Bill No. 1816). AN ACT To amend an Act incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), 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 incorporating the City of Snellville, approved August 20, 1923 (Ga. L. 1923, p. 775), as amended, is amended by adding a new section immediately following Section 2B, to be designated Section 2C, to read as follows: Section 2C. The corporate limits of the City of Snellville shall include the following described property: TRACT 1 Tax Parcel #5-59-10 All that tract or parcel of land lying and being in Land Lot 59 of the 5th District, Gwinnett County, Georgia, containing 2.175 acres as shown on plat of Unit One, Evergreen Estates prepared by Hannon, Meeks Bagwell, Surveyors Engineers, Inc., dated January 30, 1974, recorded in Plat Book One, Page 200, Gwinnett County Records, and more particularly described as follows: BEGINNING at an iron pin located on the southerly right of way line of U. S. Highway No. 78, 150.0 feet southeasterly from the intersection of the southerly right of way line of U. S. Highway No. 78 and the easterly right of way line of Cindy Lane; run thence in a southeasterly direction along said right of way line of U. S. Highway No. 78 a distance of 63.44 feet to an iron pin; run thence northerly a distance

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of 5.0 feet to an iron pin; continue thence along the right of way line of U. S. Highway No. 78 run thence a distance of 90.53 feet to a point; continuing thence along said right of way line a distance of 109.47 feet to an iron pin; run thence southerly a distance of 5.0 feet to an iron pin; run thence in a southeasterly direction along said right of way line a distance of 0.6 feet to an iron pin; run thence in a southeasterly direction 290.27 feet to an iron pin; run thence in a northeasterly direction a distance of 167.0 feet to an iron pin located on the westerly right of way line of Abington Lane; run thence in a southeasterly direction along said right of way line of Abington Lane a distance of 120.51 feet to an iron pin; run thence North 82 degrees 10 minutes West along the northern boundaries of Lots 7, 2 and 1 of Block C, Unit One of Evergreen Estates a distance of 429.1 feet to an iron pin; run thence North 9 degrees 08 minutes West a distance of 339.11 feet to an iron pin located on the southerly right of way line of U. S. Highway No. 78, being the place or point of beginning. TRACT 2 Tax Parcel #5-59-14 All that tract and parcel of land lying and being in the 5th Land District of Gwinnett County, Georgia, and described as follows: BEGINNING at a point where the right of way of U. S. Highway 78 and west side of the right of way of Rockdale Circle Rd. intersect, thence along the right of way of Rockdale Circle Rd. 210.8 feet to a point; thence 438.4 feet North 85 degrees 29 minutes West to a point; thence 210 feet North 23 degrees 36 minutes West to a point; thence 433.8 feet South 83 degrees 35 minutes East along the right of way of U. S. Highway 78 to point of beginning; containing 1.73 acres as per plat made by County Surveyor, S. R. Fieldson on April 14, 1970 and revised as of March 26, 1971. This property being part of the estate of the late Charles Homer Johnston recorded in the Court of

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Ordinary of Gwinnett County, Georgia on the 29th day of August 1969, Book J, page 158. TRACT 3 Tax Parcel #5-59-32 All that tract or parcel of land lying and being in Land Lot 59 of the 5th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located 150 feet southerly from the corner formed by the intersection of the southerly right of way of U. S. Highway #78 and the easterly right of way of Abington Lane, running thence southeasterly a distance of 240.68 feet to an iron pin; running thence southeasterly at an interior angle of 115 degrees 49 minutes with the preceding course 161.60 feet to an iron pin; running thence southwesterly at an interior angle of 92 degrees 59 minutes with the preceding course 197.12 feet to iron pin located on the easterly right of way of Abington Lane 279.00 feet to the point of BEGINNING; according to plat of survey of Kenco Engineering and Surveying Co., Inc. dated April 23, 1976. TRACT 4 Tax parcel #5-59-54 All that tract or parcel of land lying and being in Land Lot 59 of the 5th Land District, Gwinnett County, Georgia, being a portion of 1.723 acres shown on plat of survey of Unit One, Evergreen Estates, prepared by Hannon, Meeks Bagwell, Surveyors Engineers, Inc., dated January 30, 1974, recorded in Plat Book 1, Page 200, Gwinnett county Plat Records, and more particularly described as follows: BEGINNING at an iron pin at the point where the Western right of way of Cindy Lane, (shown to have a 60-foot right of way), intersects the Southern right of way of U. S. Highway No. 78; thence in a southerly direction along the western right of way of Cindy Lane 273.00 feet to an iron pin; thence in

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a westerly direction along the line of Lot 5, Block B, Unit One, Evergreen Estates, 102.92 feet; thence in a northwesterly direction 284.30 feet to a point on the southern right of way of U. S. Highway No. 78; thence along said right of way in a Southeasterly direction 138.61 feet to the point of beginning. TRACT 5 Tax Parcel #5-59-55 All that tract or parcel of land lying and being in Land Lot 59 of the 5th District of Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at an iron pin placed at the intersection formed by the southern side of the right of way of U. S. Highway 78, as now located, with the southwestern right of way of Abington Lane, as now located; run thence South 14 degrees 55 minutes 13 seconds East along the southwestern right of way of Abington Lane a distance of 69.77 feet; running thence southerly and southeasterly along the western and southwestern right of way of Abington Lane and following the curvature thereof an arc distance of 143.52 feet (said arc being subtended by a chord having a bearing of South 14 degrees 28 minutes 06 seconds East and a distance of 141.43 feet); continuing thence South 31 degrees 24 minutes 53 seconds East along the southwestern right of way of Abington Lane a distance of 32.68 feet to an iron pin found AND THE TRUE POINT OF BEGINNING; running thence South 77 degrees 28 minutes 24 seconds West a distance of 167.0 feet to an iron pin found; running thence North 00 degrees 48 minutes 36 seconds West a distance of 35.03 feet to an iron pin placed; running thence North 69 degrees 18 minutes 10 seconds East a distance of 143.94 feet to an iron pin placed on the southwestern right of way of Abington Lane; running thence southeasterly along the southwestern right of way of Abington Lane a distance of 24.82 feet to a point; continuing thence along the southwestern right of way of Abington Lane South 31 degrees 24 minutes 53 seconds East a distance

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of 32.68 feet to the iron pin found at the TRUE POINT OF BEGINNING; said tract containing 0.1588 acres and being more particularly shown and delineated on plat of survey prepared for Ken's Pizza by Georgia Land Surveying Co., Inc., dated November 16, 1981. TRACT 6 All that tract or parcel of land lying and being in Land Lot 59 of the 5th District, Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING commence at the intersection of the old southerly right of way of U. S. Highway 78 (State Route 10) (35 ft. from centerline) with the westerly right of way of Abington Lane; running thence South 08 degrees 03 minutes 24 seconds West a distance of 48.81 feet to a point on the westerly right of way of Abington Lane and the point of beginning; from said point of beginning, continuing along the westerly right of way of Abington Lane and following the curvature thereof, an arc distance of 143.52 feet, said arc being subtended by a chord having a bearing of South 14 degrees 28 minutes 06 seconds East and a distance of 141.43 feet; running thence South 31 degrees 24 minutes 53 seconds East and continuing along the westerly right of way of Abington Lane a distance of 32.68 feet to an iron pin found; running thence South 77 degrees 28 minutes 24 seconds West a distance of 167.0 feet to an iron pin found; running thence North 00 degrees 48 minutes 36 seconds West a distance of 282.17 feet to an iron pin placed on the southerly side of the new southerly right of way of U. S. Highway No. 78 (State Route 10); running thence South 81 degrees 56 minutes 36 seconds East along the new southerly right of way of U. S. Highway No. 78 (State Route 10) a distance of 97.65 feet to an iron pin placed (43 ft. from centerline); running thence South 14 degrees 55 minutes 13 seconds East a distance of 69.77 feet to a point on the westerly right of way of Abington Lane and the point of beginning; containing 0.731

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acres, as shown on plat of survey dated September 28, 1981, prepared by Josh L. Lewis, III, R.L.S. TRACT 7 Tax Parcel #5-59-186 All that tract or parcel of land lying and being in Land Lot 59 of the 5th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the southeast corner of the intersection of U. S. Hwy. No. 78 also known as Georgia Hwy. 10 and Cindy Lane; thence running easterly along the southerly side of U. S. Hwy. No. 78 and along an arc measuring 130.90 feet to an iron pin, said arc having a chord bearing north 89 degrees 16 minutes 52 seconds east and measuring a distance of 130.85 feet; thence running south 09 degrees 08 minutes 20 seconds east, 174.28 feet to an iron pin located on the north line of property acquired by Haley by Warranty Deed dated December 7, 1981, and recorded in Deed Book 2296, p. 119, Gwinnett County Records; thence running south 85 degrees 04 minutes 42 seconds west along the north line of said Haley property, 159.04 feet to an iron pin located on the easterly side of Cindy Lane; thence running northerly along the easterly side of Cindy Lane and along an arc measuring 40.70 feet to a point, said arc having a chord bearing north 07 degrees 51 minutes 12 seconds west and measuring a distance of 40.69 feet; thence running north 05 degrees 44 minutes 30 seconds west and continuing along the easterly side of Cindy Lane, 61.48 feet to an iron pin; thence running north 08 degrees 01 minutes 21 seconds east and continuing along the easterly side of Cindy Lane 83.41 feet to an iron pin and the point of beginning and being known as 2624 Cindy Lane according to the present system of numbering in Gwinnett County, Georgia, and being more particularly shown on plat of survey for Cindy's Inc. by S. R. Fields, Registered Land Surveyor, dated June 14, 1982 and recorded in Plat Book 19, page 251, Gwinnett County Records, and being the same property conveyed by

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Cindy's Inc. to Emily Yeh and Hsien Hui Chen by Warranty Deed dated November 18, 1982 and recorded in Deed Book 2472, page 281, Gwinnett County Records. TRACT 8 Tax Parcel #5-59-188 All that tract or parcel of land lying and being in Land Lot 59 of the 5th Land District of Gwinnett County, Georgia, being designated as Tract No. 2 containing 0.925 acres on a plat of survey for Ronald L. Chadwick, prepared by Hannon, Meeks Bagwell, Surveyors and Engineers, Inc., dated May 2, 1975, and being more particularly described as follows: BEGINNING at an iron pin on the Southeast right of way of U. S. Highway No. 78 located a distance of 138.61 feet in a southwesterly direction as measured along said right of way from the point where the southeast right of way of U. S. Highway No. 78 intersects the southwest right of way of Cindy Lane; thence run in a southeasterly direction a distance of 284.3 feet to an iron pin; thence run in a southwesterly direction a distance of 106.3 feet to an iron pin; thence run in a northwesterly direction along the Snellville city limits line a distance of 160.01 feet to an iron pin; thence run in a generally northerly direction a distance of 131.1 feet to an iron pin on the southeast right of way of U. S. Highway No. 78; thence run along said right of way in a generally northeasterly direction a distance of 157.44 feet to an iron pin being the point of beginning. TRACT 9 Tax Parcel #5-59-190 All that tract or parcel of land lying and being in Land Lot 59 of the 5th District, Gwinnett County, Georgia, per plat of survey dated 5/2/75 by Hannon, Meeks Bagwell, shown as Tract 1 containing.051 acres, recorded in Plat Book 15, Page 210, Gwinnett County Records, and more particularly described as follows:

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BEGINNING at an iron pin on the southerly right of way line of U. S. Hwy. No. 78 located 296.05 feet southwesterly as measured along said right of way line from its intersection with the westerly right of way line of Cindy Lane and run thence southeasterly 131.1 feet to an iron pin; run thence northwesterly 135.69 feet to an iron pin on the southerly right of way line of U. S. Hwy. No. 78; run thence northeasterly along said right of way line 34.25 feet to an iron pin at the place or point of beginning. TRACT 10 Tax Parcel #5-59-212 All that tract or parcel of land lying and being in Land Lot 59 of the 5th Land District, Gwinnett County, Georgia, containing 0.48 acre as shown on survey for William T. Haley prepared by S. R. Fields, Surveyor, dated November 16, 1981, recorded in Plat Book 17, Page 23, Plat Records of Gwinnett County, and more particularly described as follows: BEGINNING at a point on the easterly right of way line of Cindy Lane located 191.88 feet southeasterly as measured along said right of way line and following the curvature thereof from its intersection with the southeasterly right of way line of U. S. Highway 78 and run thence North 85 degrees 13 minutes East 159.18 feet to a point; run thence South 9 degrees 07 minutes East 156.91 feet to a point; run thence North 82 degrees 09 minutes West 150.00 feet to an iron pin on the easterly right of way line of Cindy Lane; run thence along said right of way line in a northwesterly direction a chord bearing and distance of North 16 degrees 01 minutes East 126.12 feet to the place or point of beginning. TRACT 11 Tax Parcel #5-60-4 All that tract or parcel of land lying and being in Land Lot 60, 69 or both, of the 5th Land District, Gwinnett County, Georgia, and described more particularly as follows:

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BEGINNING on the southerly right of way of U.S. Highway NO. 78 at a corner with property of Cohn; thence in a southerly direction along Cohn's property 300 feet, more or less, to a corner; thence continuing along property of Cohn and property of Alfred Cannon in a westerly direction 300 feet, more or less, to a corner with property of Thomas P. Shores; thence along the property of Shores and a pasture fence in a southerly direction to a corner with Charlie Moon in the center of a lake; thence along property of Charlie Moon in an easterly direction to drain pipe located in the lake; thence continuing along property of Charlie Moon in a northerly direction to a wagon axle corner; thence continuing in a northerly direction 280 feet, more or less, along a bank to an iron pin corner; thence in a westerly direction along property of R. L. Moon 176 feet to an iron pin corner; thence in a northerly direction a straight line 343 feet, more or less, to a corner on the southerly right of way of U. S. Highway NO. 78 in the center of a private road; thence along the southerly right of way of said highway in a westerly direction to the property of Cohn and the point of beginning. TRACT 12 Tax Parcel #5-60-6 All that tract or parcel of land lying and being in Land Lot 60, 5th District, Gwinnett County, Georgia, being more particularly described as follows: BEGINNING at a right of way monument found on the southeasterly right of way of U. S. Highway No. 78 (Sta. No. 155+00 (90) as per D.O.T. right of way map no. TSAP-10(60); the POINT OF BEGINNING; thence North 81 degrees 21 minutes 28 seconds East along the southeasterly right of way of U. S. Highway No. 78 a distance of 118.25 feet to a 1/2 inch rebar set on the southeasterly right of way of U. S. Highway No. 78; thence South 30 degrees 25 minutes 02 seconds East a distance of 1,621.32 feet to a 1/2 inch rebar set; thence South 58 degrees 58 minutes 32 seconds West a distance of 200.00 feet

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to a 1 inch rebar found; thence North 29 degrees 53 minutes 49 seconds West a distance of 1,743.38 feet to a 1/2 inch rebar found on the southeasterly right of way of U. S. Highway No. 78; thence North 81 degrees 21 minutes 28 seconds East along the southeasterly right of way of U. S. Highway No. 78 a distance of 97.20 feet to a 1/2 inch rebar set on the southeasterly right of way of U. S. Highway No. 78; thence South 08 degrees 41 minutes 00 seconds East along the southeasterly right of way of U. S. Highway No. 78 a distance of 43.00 feet to a right of way monument found on the southeasterly right of way of U. S. Highway No. 78 (D.O.T. Sta. No. 155+00 (90); and the POINT OF BEGINNING, said tract containing 7.4182 acres of land in accordance with plat by Pearson Associates, Inc. for John Borak dated October 1, 1985. TRACT 13 Tax Parcel #5-60-14 All that tract or parcel of land lying and being in Land Lot 60 of the 5th Land District of Gwinnett County, Georgia, and being Tract One containing 9.50 acres as per plat made by Hannon and Meeks, Surveyors, on November 14, 1969 and said plat being recorded in Plat Book T, Page 210, Gwinnett County Records, and by reference herein is incorporated in this description, and by reference is made a part thereof and said land is described as follows: BEGINNING at an iron pin on the south side of U. S. Highway 78 and said point of beginning being 162.65 feet, more or less, in a southwesterly direction from a point on the original land lot line separating Land Lots 60 and 69; thence South 10 degrees 02 minutes East 316.6 feet to an iron pin; thence South 6 degrees 57 minutes West 88.3 feet to an iron pin; thence South 71 degrees 17 minutes East 76 feet to an iron pin; thence South 49 degrees 58 minutes East 641.2 feet to a point; thence South 81 degrees 43 minutes West 196.1 feet to a point; thence South 62 degrees 48 minutes West 217 feet to a point; thence South 50 degrees 08 minutes West 243.8 feet to a

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point; thence North 29 degrees 56 minutes West 847.1 feet to an iron pin; thence North 78 degrees 47 minutes East 150 feet to an iron pin; thence North 21 degrees 46 minutes West 6.8 feet to an iron pin; thence North 82 degrees 45 minutes East 150 feet to an iron pin; thence North 12 degrees 07 minutes West 300 feet to an iron pin on the south side of U. S. Highway 78; thence in a northeasterly direction 162.65 feet to the point of beginning. TRACT 14 Tax Parcel #5-60-43 All that tract or parcel of land lying and being in Land Lot 60 of the 5th Land District, Gwinnett County, Georgia, being Tract 3 containing 1.19 acres as shown on plat prepared for Merrill H. Thornton by Jacque L. Williams dated May 26, 1984 and recorded in Plat Book 26, page 107, Gwinnett County, Georgia Records, and more particularly described as follows: To find the place or point of beginning, begin at the point at which the old right of way of U. S. Highway No. 78 intersects the land lot line dividing Land Lots 59 and 60 and run thence northeasterly along said old right of way 823.25 feet to a point; run thence southeasterly 60.24 feet to a point on the existing southerly right of way of U. S. Hwy. No. 78, WHICH IS THE PLACE OR POINT OF BEGINNING; from said beginning point run thence along the southerly right of way line of U. S. Hwy. No. 78 in a northeasterly direction and following the arc of a curve having a radius of 2910.50 feet and a chord bearing and distance of North 73 degrees 39 minutes 34 seconds East 125.93 feet, an arc distance of 125.94 feet to an iron pin; run thence South 13 degrees 03 minutes 31 seconds East 348.54 feet to a point; run thence South 51 degrees 17 minutes 56 seconds West 76.69 feet to an iron pin; run thence South 08 degrees 41 minutes 02 seconds East 45.45 feet to a point; run thence North 50 degrees 48 minutes 25 seconds West 51.78 feet to a point; run thence North 71 degrees 24 minutes 19 seconds West 76.07 feet to an iron pin; run thence

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North 06 degrees 41 minutes 48 seconds East 88.16 feet to an iron pin; run thence North 10 degrees 02 minutes 00 seconds West 256.36 feet to an iron pin on the southerly right of way line of U. S. Hwy. 78 and the place or point of beginning. TRACT 15 Tax Parcel #5-69-10 All that tract or parcel of land lying and being in Land Lot 69 of the 5th District of Gwinnett County, Georgia, containing 7 acres, according to survey and plat of C. M. Higginbotham, of March 24, 1952, and being more particularly described as follows: BEGINNING at the intersection of Greer's Mill Creek with the center of U. S. Highway #78, and running thence North 73 degrees East 296 feet along the center of said highway to a corner; thence South 23 degrees East 707 feet along lands of Stovall; and South 5 degrees East along lands of Stovall 379 feet to stake corner of Greer's Mill Creek; thence North 85 degrees West 100 feet along said Creek; thence South 85-1/4 degrees West 143 feet along said creek to a bend in the creek; thence North 29-1/4 degrees West 204 feet; thence North 26 degrees West 76 feet; thence North 1/2 degree East 67 feet; thence North 22 degrees East 143 feet; thence North 37 degrees West 171 feet; thence North 48-1/4 degrees West 100 feet; thence North 26-1/4 degrees West 75 feet; thence North 14-3/4 degrees West 226 feet along said creek to the point of beginning in the center of said U. S. Highway 78. Being improved property. TRACT 16 Tax parcel #5-69-10A All that tract or parcel of land containing 9.82 acres located in Land Lots No. 60 and 69, 5th Land District, Gwinnett County, Georgia, and more particularly described as follows: BEGINNING at an iron pin corner on Johnson's line, which is southeast corner of Thomas P. Shores

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property and southwest corner of this property, and running North 30 degrees and 30 minutes West for 508.0 feet to a corner on Shores line which is located in a lake; thence north 49 degree and 35 minutes east for 243.08 down the center of said lake to a corner in the lake; thence north 62 degrees and 15 minutes east for 217.0 feet to another corner in said lake; thence north 81 degrees 10 minutes east for 426.0 feet to a corner on dam of lake which is directly above drain pipe of lake; thence down the branch below the dam south 81 degrees 30 minutes east for 135.0 feet to Stovall line; thence south 5 degrees east along Stovall line for 71.0 feet to an iron pin; thence continuing along Stovall line south 7 degrees 15 minutes west for 283.0 feet to rock pile; thence south 58 degrees 45 minutes west 750.0 along Johnson's line to beginning corner. Property is bounded on the west by lands now or formerly of Thomas P. Shores, on the north by lands now or formerly of Raymond Moon, on the east by lands now or formerly of Rob Stovall and on the south by lands now or formerly of Johnson. TRACT 17 Tax Parcel #5-69-10-B All that tract or parcel of land lying and being in Land Lot 69 of the 5th Land District of Gwinnett County, Georgia, and more fully described as follows: BEGINNING in the center of a branch at a rock dam which is 254.0 feet down branch from right of way of U. S. Highway No. 78 and running down branch South 26 degrees 15 minutes East for 103.0 feet; thence down branch South 48 degrees 15 minutes East for 100.0 feet; thence down branch South 37 degrees East for 171.0 feet; thence down branch south 22 degrees West for 143.0 feet; thence down branch South 0 degrees 30 minutes West for 33.0 feet to a corner in lake; thence North 74 degrees West for 152.0 feet to an axle on top of a levee; thence following the top of the levee, and running North 5 degrees

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30 minutes East for 56.5 feet; thence North 2 degrees 25 minutes West for 100.0 feet; thence North 10 degrees 20 minutes West for 100.0 feet; thence North 31 degrees West for 100.0 feet; thence North 16 degrees 35 minutes East to the intersection of said levee with a rock dam; thence North 47 degrees 50 minutes East for 75.0 feet along the top of said rock dam to beginning point. Said tract contains 1.49 acres, and is bounded on the North by lands now or formerly of Raymond Moon and Charlie James Moon, on the East by lands now or formerly of Charlie James Moon, on the South by lands now or formerly of Raymond Moon and Charlie James Moon, and on the West by lands now or formerly of Raymond Moon. TRACT 18 Tract Parcel #5-69-14 All that tract or parcel of land situated, lying and being in Cates district of Gwinnett Co., Georgia and bounded as follows: North by State highway No. 10; on the East by lands of R. L. Stovall; on South by lands of J. E. Johnson estate and R. L. Stovall; on the West by land of J. E. Johnson estate, containing 52 acres, more or less. This tract of land is situated about two miles east of Snellville, GA., and is that part of the John W. Greer old home place which lies south of State highway No. 10. Less and Except that portion of this property previously sold off and leaving 1.14 acres, more or less, adjoining State Highway 78 and known as Tax Map Parcel #5-69-14. 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 1988 session of the General Assembly of Georgia a local bill

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to amend the Charter for the City of Snellville to provide for the annexation of additional land and the definition of the corporate boundaries. Anyone desiring to see a copy of the Charter Amendment which will be introduced or a plat showing the area to be annexed may obtain a copy from City Hall at 2460-B Main Street, East, Snellville, Georgia. This notice is given to satisfy the requirement that a notice of intent to introduce local legislation be published as required by O.C.G.A. Section 28-1-14 (Michie supp. 1985); Ga. Const. Art. 3, Section 5, Par. 9. This 8th day of February, 1988. W. Emmett Clower, Mayor City of Snellville P. O. Box 844 Snellville, Georgia 30278 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, O. M. Barnett, who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 11, 1988. /s/ O. M. Barnett Representative, 59th District Sworn to and subscribed before me, this 16th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF FOLKSTONMUNICIPAL COURT; JURISDICTION; POWERS. No. 1041 (House Bill No. 1818). AN ACT To amend an Act providing for a new charter for the City of Folkston, approved April 11, 1979 (Ga. L. 1979, p. 4390), as amended, so as to change certain provisions relating to the jurisdiction, powers, and authority of the Municipal Court of the City of Folkston; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a new charter for the City of Folkston, approved April 11, 1979 (Ga. L. 1979, p. 4390), as amended, is amended by striking subsection (a) of Section 4.13 and inserting in its place a new subsection (a) to read as follows: (a) (1) The municipal court shall have jurisdiction to try and punish violations of this charter, all city ordinances, and such other matters as are by general law made subject to the jurisdiction of municipal courts. (2) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (3) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for not more than 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Folkston approved April 11, 1979 (Ga. L. 1979, p. 4390); and for other purposes. This 12th day of February, 1988. 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 Charlton County Herald which is the official organ of Charlton County, on the following date: February 17, 1988. /s/ Tom Crosby, Jr. Representative, 150th District Sworn to and subscribed before me, this 19th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 24, 1988.

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CRAWFORD COUNTYPROBATE COURT; JURISDICTION OVER ORDINANCE VIOLATIONS. No. 1042 (House Bill No. 1820). AN ACT To grant to the Probate Court of Crawford County jurisdiction over violations of ordinances of Crawford County; to provide for a prosecuting attorney and for practices and procedures; to provide for fees; to provide for appeals; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . (a) The Probate Court of Crawford County shall have jurisdiction to hear and determine violations of all ordinances of Crawford County. (b) The court shall have the power to require the posting of cash and surety bonds for appearance and to forfeit such bonds for nonappearance. (c) The court shall have the power to punish violations of county ordinances according to the maximum punishment described in each ordinance; but no fine shall exceed $500.00 and no imprisonment shall exceed 60 days for any single offense. Section 2 . In each case of conviction, costs of not more than $30.00 may be taxed against the defendant. Section 3 . Execution may issue immediately upon any fine imposed by the court and not immediately paid. Section 4 . (a) Prosecutions for violations of county ordinances shall be upon citation or 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 in cases tried upon accusation. (b) Accusations of violations of county ordinances and citations shall be personally served upon the person accused. Each

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accusation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct; but any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the probate judge and required to post a bond for his future appearance. Section 5 . (a) Ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations. (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 be filed promptly with the court and the prosecuting attorney. (d) No person shall be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct; 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 6 . The sheriff of Crawford 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 7 . Review of convictions shall be by certiorari to the superior court as provided by general law. Section 8 . All laws and parts of laws in conflict with this Act are repealed.

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Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia, a bill to vest jurisdiction of cases involving violation of county ordinances of Crawford County in the Probate Court of Crawford County; to provide for related matters; and for other purposes. This 10th day of Feb., 1988. Rep. Robert Ray Dist. 98 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert F. 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 Georgia Post which is the official organ of Crawford County, on the following date: February 18, 1988. /s/ Robert F. Ray Representative, 98th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF ROMEBOARD OF EDUCATION; ELECTION AND TERMS. No. 1043 (House Bill No. 1821). 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: 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 and inserting in lieu thereof a new Section 84 to read as follows: Section 84. (a) Effective on the first Monday in January, 1989, the board of education shall consist of seven members. All members of the board of education, including the seventh member, shall be elected at large from the City of Rome. The members of the board at the time of their election and during their continuance in office shall be bona fide residents and citizens of the City of Rome and must at the time of their qualification for election have been registered voters of the City of Rome for at least 90 days prior to their qualification for election. A vacancy or vacancies on the board of education caused by death, resignation, removal, disqualification, or otherwise, shall be filled by a person elected by

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a majority vote of the remaining members of the board and the person so elected shall remain in office and complete the unexpired term of the board member whose position was vacated. (b) An election will be held on the Tuesday following the first Monday in November, 1988, for the seven members of the school board. The seven candidates receiving the greatest number of votes cast shall be elected to office for a period of five years until the first Monday in January, 1994, or until their successors are duly elected and qualified. In subsequent elections, the candidates receiving the greatest number of votes for the board positions available shall be elected. (c) After the elections held in 1988, the members of the board shall be elected for terms of four years or until their successors are duly elected and qualified. Beginning in 1993, subsequent elections shall be held every four years on the Tuesday next following the first Monday in November of each fourth year. The elected board members shall serve and hold office for terms of four years from the first Monday of January of the year following the election and until their successors are duly elected and qualified. 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 1987 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 the election procedures for members of the Rome City School's Board of Education and to provide for seven (7) members on the Board of Education; to repeal conflicting provisions; for other purposes. This 4th day of February, 1988. PAUL SMITH, Representative, 16th District

Page 4692

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Smith, 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 date: February 18, 1988. /s/ Paul Smith Representative, 16th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 24, 1988. MADISON COUNTYBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; QUALIFICATIONS; MEETINGS. No. 1044 (House Bill No. 1822). AN ACT To amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to provide for the election and terms of office of a five-member board of commissioners; to provide for a chairman; to provide for commissioner districts; to provide for the chairman and members of the board in office on the effective date of this Act; to provide for qualifications; to provide for a quorum; to provide for meetings; to provide for voting procedures;

Page 4693

to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, is amended by striking Sections 1 through 4 and inserting in their place new Sections 1 through 4 to read as follows: Section 1. There is created a board of commissioners of Madison County to consist of five members and a chairman to be elected as provided in this Act. Each candidate for membership on the board shall be a resident of the commissioner district created by Section 2 of this Act which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board of commissioners shall be a resident of Madison County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election. Section 2. (a) For the purpose of electing members of the board of commissioners, Madison County is divided into five commissioner districts as follows: Commissioner District 1 Madison Tract 9901 Block Group 1 Blocks 427, 445, 452, 465 through 467, and 471 Blocks 503 through 514 and 517 through 536 Block Group 6 Tract 9903 Blocks 107 through 112 Blocks 504 through 512, 517, 518, and 520 through 531

Page 4694

Commissioner District 2 Madison Tract 9901 Block Groups 2 and 3 Blocks 401 through 426 and 428 through 444 That part of Block 446 inside the City of Ila Block 450 That part of Block 451 lying north of an unnamed branch flowing westerly through the Chandler Farm Pond and intersecting Chandler Farm Road Blocks 453 through 463 and 468 through 470 Block Group 7 Commissioner District 3 Madison Tract 9902 Block 450 Tract 9903 Blocks 101 through 106 and 113 through 119 Blocks 201 through 214 Blocks 404, 405, 407, and 417 through 422 Those parts of Blocks 423 and 463 through 467 outside the City of Colbert Blocks 468 through 483 Blocks 501 through 503, 513 through 516, 519, 532, and 533 Commissioner District 4 Madison Tract 9901 That part of Block 446 outside the City of Ila Blocks 447 through 449

Page 4695

That part of Block 451 lying south of an unnamed branch flowing westerly through the Chandler Farm Pond and intersecting Chandler Farm Road Block 464 Blocks 501, 502, 515, and 516 Tract 9902 Blocks 103 through 105 and 178 through 180 Blocks 201 through 220, 224 through 226, 230, and 231 Block Group 3 Blocks 401 through 449, 451, 453, and 455 through 457 Commissioner District 5 Madison Tract 9902 Blocks 101, 102, 106 through 110, 112 through 174, 177, and 181 through 195 Blocks 221 through 223, 227 through 229, 232 through 244, and 255 through 267 Tract 9903 Block 401 through 403, 406, and 408 through 416 That part of Block 423 inside the City of Colbert Blocks 424 through 462 Those parts of Blocks 463 through 467 inside the City of Colbert Block 484 (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.

Page 4696

(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 Madison 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 3. (a) At the general election in 1988 and every four years thereafter, all members of the board of commissioners and the chairman shall be elected as provided in this Act. Each such member and the chairman shall be elected and shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such members and the chairman shall serve for terms of office of four years and until their successors are elected and qualified. (b) All such elections shall be held and conducted as provided by law for the election of county officers. (c) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. (d) The chairman and members of the board of commissioners in office on the effective date of this Act shall serve until the expiration of the term of office for which they were elected. Section 4. Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman shall be a citizen of this state who has been a resident of Madison County preceding his election and shall hold no other elective public office.

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Section 2 . Said Act is further amended by striking Section 7 and inserting in its place a new Section 7 to read as follows: Section 7. Three members of the board, not including the chairman, shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members. A majority vote of the entire board will control the determination of all policies on the board. All members of the board shall be required to vote on all questions coming before the board unless he or they or any of them shall be disqualified to vote thereon because of conflict of interest or other legal reason. The chairman shall be the executive administrator of all policies of the board and shall be authorized to vote only in cases of a tie, unless he shall be disqualified to vote thereon because of conflict of interest or other legal reason. The chairman shall have authority, with the concurrence and approval of a majority of the members of the board, to employ all personnel and county employees and such clerical help as is necessary, in their judgment, to conduct the affairs of the office properly, and at such salaries as they may deem proper. Section 3 . 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 1988 Session of the General Assembly of Georgia a Bill to amend an Act creating a Board of Commissioners of Madison County approved March 27, 1965 (Ga. L. 1965, P. 2667), as amended; and for other purposes. This 15th day of February 1988. Louie Clark, State Representative Ga. Gen. Assy. Dist. 13 Post 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark, who, on

Page 4698

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 date: February 19, 1988. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. MADISON COUNTYBOARD OF EDUCATION; MEMBERS; DISTRICTS; ELECTIONS. No. 1045 (House Bill No. 1823). AN ACT To provide for the Board of Education of Madison County; to provide for the election and terms of members; to provide for education districts; to provide for the members of the board in office on the effective date of this Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Notwithstanding the provisions of that local constitutional amendment providing for the election of members of the Board of Education of Madison County, Resolution Act No. 126; House Resolution No. 378-840; Ga. L. 1964, p. 885,

Page 4699

specifically continued in force and effect on and after July 1, 1987, as a part of the Constitution of the State of Georgia by an Act approved March 28, 1985 (Ga. L. 1985, p. 4834), the members of the Board of Education of Madison County shall be elected and shall serve as provided in this Act. Section 2 . The members of the Board of Education of Madison County who are in office on the effective date of this Act shall serve until the expiration of the term of office for which they were elected. Section 3 . (a) The Board of Education of Madison County shall be composed of five members. For the purpose of electing the members of the board of education, Madison County shall be divided into five education districts as follows: Education District 1 Madison Tract 9901 Block Group 1 Blocks 427, 445, 452, 465 through 467, and 471 Blocks 503 through 514 and 517 through 536 Block Group 6 Tract 9903 Blocks 107 through 112 Blocks 504 through 512, 517, 518, and 520 through 531 Education District 2 Madison Tract 9901 Block Groups 2 and 3 Blocks 401 through 426 and 428 through 444 That part of Block 446 inside the City of Ila Block 450 That part of Block 451 lying north of an unnamed branch flowing westerly through the Chandler Farm Pond and intersecting Chandler Farm Road

Page 4700

Blocks 453 through 463 and 468 through 470 Block Group 7 Education District 3 Madison Tract 9902 Block 450 Tract 9903 Blocks 101 through 106 and 113 through 119 Blocks 201 through 214 Blocks 404, 405, 407, and 417 through 422 Those parts of Blocks 423 and 463 through 467 outside the City of Colbert Blocks 468 through 483 Blocks 501 through 503, 513 through 516, 519, 532, and 533 Education District 4 Madison Tract 9901 That part of Block 446 outside the City of Ila Blocks 447 through 449 That part of Block 451 lying south of an unnamed branch flowing westerly through the Chandler Farm Pond and intersecting Chandler Farm Road Block 464 Blocks 501, 502, 515, and 516 Tract 9902 Blocks 103 through 105 and 178 through 180 Blocks 201 through 220, 224 through 226, 230, and 231 Block Group 3 Blocks 401 through 449, 451, 453, and 455 through 457

Page 4701

Education District 5 Madison Tract 9902 Blocks 101, 102, 106 through 110, 112 through 174, 177, and 181 through 195 Blocks 221 through 223, 227 through 229, 232 through 244, and 255 through 267 Tract 9903 Block 401 through 403, 406, and 408 through 416 That part of Block 423 inside the City of Colbert Blocks 424 through 462 Those parts of Blocks 463 through 467 inside the City of Colbert Block 484 (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 Madison 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 4 . (a) At the general election in 1988 and every four years thereafter, members of the board of education shall be elected from Education Districts No. 3, 4, and 5. Each such

Page 4702

member shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified. (b) At the general election in 1988, a member of the board of education shall be elected from Education District No. 1. Such member shall serve for an initial term of two years and until his successor is elected and qualified. At the general election in 1990 and every four years thereafter, successors to such member shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified. (c) At the general election in 1990 and every four years thereafter, a member of the board of education shall be elected from Education District No. 2. Such member shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such member shall be elected and shall serve for a term of office of four years and until their successors are elected and qualified. (d) All such elections shall be held and conducted as provided by law for the election of county officers. (e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. (f) Notwithstanding any other provision of this Act to the contrary, the members in office on January 1, 1988, representing former Education Districts No. 1 and 2 shall remain in office until the expiration of the term of office for which they were elected and the Board of Education of Madison County shall be composed of six members until December 31, 1990. 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 Session of the 1988 General Assembly of Georgia a

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Bill to provide for the Board of Education of Madison County; to provide for the election and terms of Members; to provide for Residency requirements; to provide for quaifications; to provide for procedures; to provide for vacancies; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 15th day of February 1988. /s/ Louie Clark, State Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark, who, on oath, deposes and says that he 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 date: February 19, 1988. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4704

WILKES COUNTYTAX COMMISSIONER; COMPENSATION. No. 1046 (House Bill No. 1824). AN ACT To amend an Act placing the tax commissioner of Wilkes County on an annual salary, approved April 6, 1981 (Ga. L. 1981, p. 3374), so as to change the compensation of that tax commissioner; to change certain references to certain laws; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the tax commissioner of Wilkes County on an annual salary, approved April 6, 1981 (Ga. L. 1981, p. 3374), is amended by striking Section 2 thereof, establishing the amount of the salary of the tax commissioner, and inserting in its place a new section to read as follows: Section 2. The tax commissioner of Wilkes County shall receive an annual salary of not less than $22,500.00 which salary may be increased to such higher amount as established by the board of commissioners of Wilkes County. This salary shall be paid from the funds of Wilkes County in 12 equal monthly installments, payable on the last business day of each calendar month. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties, and other perquisites of whatever kind, including those commissions allowed by 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 including those commissions allowed by Code Section 48-5-180 of the O.C.G.A., relating to commissions on taxes collected in excess of a certain percentage of taxes due according to the tax net digest.

Page 4705

Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 1988 session of the General Assembly of Georgia a bill to amend an ACT providing an annual salary for the Wilkes County Tax Commissioner, approved April 6, 1981, (GA. L. 1981, P. 3374); and for other purposes. This 11th day of February, 1988. The Wilkes County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward D. Ricketson, Jr., who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following date: February 18, 1988. /s/ Edward D. Ricketson, Jr. Representative, 82nd District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4706

CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITYCOMPENSATION OF MEMBERS; BONDS. No. 1047 (House Bill No. 1826). AN ACT To amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2359), an Act approved April 17, 1973 (Ga. L. 1973, p. 3205), an Act approved March 21, 1974 (Ga. L. 1974, p. 2530), an Act approved March 31, 1976 (Ga. L. 1976, p. 3702), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4776), so as to change the compensation of the members and chairman of the authority; to delete the maximum interest rate which bonds issued by such authority may bear; to provide conditions under which revenue bonds issued by the authority will not be required to be confirmed or validated; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2359), an Act approved April 17, 1973 (Ga. L. 1973, p. 3205), an Act approved March 21, 1974 (Ga. L. 1974, p. 2530), an Act approved March 31, 1976 (Ga. L. 1976, p. 3702), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4776), is amended by striking the third paragraph of Section 2 thereof, which reads as follows: The members of the Authority shall be entitled to compensation for their services at the rate of $300.00 per year, except the Chairman, who shall receive $500.00 per year, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence., and inserting in its place a new paragraph to read as follows:

Page 4707

The chairman and other members of the Authority shall be entitled to compensation for their services at the rate of $1,200.00 per year, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2 . Said Act is further amended by deleting from Section 5 the phrase: not exceeding 8% per annum, payable semi-annually, and substituting in lieu thereof the following: and be payable at such times as the Authority may determine in the resolution providing for the issuance of the bonds,, so that when so amended, Section 5 shall read as follows: Section 5. Revenue bonds. The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates and be payable at such times as the Authority may determine in the resolution providing for the issuance of the bonds, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.

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Section 3 . Said Act is further amended by striking from Section 9 thereof the following: , but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than 8% 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., and substituting in lieu thereof a period, so that when so amended, Section 9 shall read as follows: Section 9. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 4 . Said Act is further amended by deleting Section 21 thereof in its entirety and inserting in lieu thereof a new Section 21, which shall read as follows: Section 21. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the `Revenue Bond Law,' as amended; provided, however, that the Authority may elect to issue revenue bonds which are not confirmed or validated in accordance with the `Revenue Bond Law' if the Authority complies with the following: (1) The Authority shall make its election in the resolution providing for the issuance of the revenue bonds which are not to be confirmed or validated; (2) The revenue bonds which are not to be confirmed or validated shall be short-term revenue bonds. For purposes of this subsection, the term `short-term revenue bonds' means revenue bonds which mature at such time or times not exceeding seven years from their date or dates as the Authority may provide in the resolution providing for the issuance of such revenue bonds; and (3) Such revenue bonds shall be offered or sold only to Georgia banking corporations, national banking associations,

Page 4709

federal savings and loan associations, state savings and loan associations, or other types of financial institutions. The Authority's determination that any of its revenue bonds are not required to be validated or confirmed shall be conclusive evidence that the requirements of this Act have been satisfied. Any petition for validation shall make party defendant to such action the Authority and any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the water or sewerage system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, 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 judgment of validation shall be final and conclusive with respect to such bonds against the Authority issuing the same and any municipality, county, authority, subdivision, or instrumentality contracting with the Authority. 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 1988 session of the General Assembly of Georgia a bill to amend an Act known as the Cherokee County Water and Sewage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended; and for other purposes. This 10 day of Feb., 1988. /s/ William G. Hasty, Sr. Honorable William G. Hasty, Sr. Representative, 8th District

Page 4710

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hasty, 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 date: February 17, 1988. /s/ William G. Hasty, Sr. Representative, 8th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 24, 1988. WALTON COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION FOR ELDERLY; REFERENDUM. No. 1048 (House Bill No. 1827). AN ACT To provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over; to provide for definitions; to specify the terms, conditions, and limitations of the exemption and the procedures relating thereto; to provide for a referendum and effective dates; to repeal [Illegible Text] laws; and for other purposes.

Page 4711

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) General law exemption means that homestead exemption from state and county ad valorem taxes granted by Code Section 48-5-47 of the O.C.G.A. to persons 65 years of age or over. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Net income means net income for purposes of computing net taxable income under Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income. Section 2 . Each resident of the Walton County School District who is 65 years of age or over is granted an exemption on that person's homestead from all Walton County School District ad valorem taxes in the amount which is the greater of $10,000.00 or the exemption amount granted by the general law exemption, if that person's net income, together with the net income of that person's spouse who occupies and resides at such homestead, does not exceed for the immediately preceding year for income tax purposes an amount which is the greater of $15,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3 . The tax commissioner of Walton County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the net income of the owner and that person's spouse who occupies and resides on the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption.

Page 4712

Section 4 . Any person who has applied for and been granted for 1988 the general law exemption from Walton County ad valorem taxes shall be eligible for the exemption granted by this Act without further application, except that it shall be the duty of any such person to notify the tax commissioner of Walton County in the event that person for any reason becomes ineligible for the exemption granted by this Act. Otherwise, the exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 5 . The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, state taxes, or municipal taxes, but shall only apply to ad valorem taxes for educational purposes levied by, for, or on behalf of the Walton County School District, including but not limited to taxes to retire school bond indebtedness. Section 6 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Walton County School District ad valorem taxes levied for educational purposes. Section 7 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 8 . The exemption granted by this Act shall be administered and granted in the same manner as the general law exemption; and, unless otherwise expressly provided in this Act, all provisions of general law which apply to the general law exemption shall apply to the exemption granted by this Act. Section 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the Walton County School District shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Walton County School District for approval or rejection. The election superintendent shall conduct that election on the date of the August, 1988, primary and shall issue the call therefor not less than 30 nor more than 90 days prior to that date. 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

Page 4713

organ of Walton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and shall be immediately repealed. The expense of such election shall be borne by Walton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. 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 1988 session of the General Assembly of Georgia a Bill to provide a $10,000 Homestead Exemption from Walton County School District ad valorem taxation for educational purposes for residents who are 65 or older and have annual incomes not exceeding $15,000 and for other purposes. This 19th day of February, 1988. Tyrone Carrell Representative GEORGIA, FULTON COUNTY

Page 4714

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: February 19, 1988. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. COWETA COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1049 (House Bill No. 1828). AN ACT To provide a homestead exemption from all Coweta County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $12,500.00 and who are totally disabled or 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4715

Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Coweta County School District, including, but not limited to, taxes to retire existing or future school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 but shall not include more than the residence and one acre of land. (3) Income means net income from all sources and shall include without being limited to income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system. (4) Totally disabled means having a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. Section 2 . Each resident of the Coweta County School District who is totally disabled or is 65 years of age or over is granted an exemption on that person's homestead from all Coweta County School District ad valorem taxes for educational purposes for the full value of that homestead, if that person's income, together with the income of the spouse and any family member of such person who resides within such homestead, does not exceed $12,500.00 for the immediately preceding taxable year. Section 3 . The tax commissioner of Coweta County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary, including, but not limited to, medical certification of disability and a sworn affidavit of entitlement upon presentation of the previous year's tax return. Section 4 . The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be renewed from year to year as long as the owner

Page 4716

occupies the residence as a homestead and meets the other requirements of this Act and as long as an application and affidavit containing such information as the tax commissioner may require is filed no later than the first day of April of each year. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Coweta County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coweta County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Coweta County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1988, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 Coweta County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from all Coweta County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $12,500.00 and who are totally disabled or 65 years of age or over? 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

Page 4717

on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Coweta County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide a homestead exemption for all Coweta County School-District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes next exceeding $12,500.00 and who are totally disabled or 65 years of age or over; and for other purposes. This 11th day of February, 1988. J. Neal Shepart, Jr., Honorable Neal Shepart, Representative, 71st District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Neal Shepard, Jr., who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald which is the official organ of Coweta County, on the following date: February 18, 1988. /s/ J. Neal Shepard, Jr. Representative, 71st District

Page 4718

Sworn to and subscribed before me, this 19th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. BERRIEN COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; SALARY. No. 1050 (House Bill No. 1832). AN ACT To amend an Act changing certain provisions relative to the Magistrate Court of Berrien County, approved March 18, 1985 (Ga. L. 1985, p. 3721), so as to provide for the salary of the chief magistrate; 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 changing certain provisions relative to the Magistrate Court of Berrien County, approved March 18, 1985 (Ga. L. 1985, p. 3721), is amended by adding a new Section 5 to read as follows: Section 5. The chief magistrate of Berrien County shall receive an annual salary of $8,400.00 which shall be paid 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 such approval.

Page 4719

Section 3 . All laws and parts of laws in conflict with this Act are repealed. LEGAL ADVERTISEMENT NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act providing for the Magistrate Court of Berrien County, approved March 18, 1985 (Ga. L. 1985, p. 3723); and for other purposes. This 17 day of February, 1988. Hanson Carter Representative, District 146 February 17 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 Berrien Press which is the official organ of Berrien County, on the following date: February 17, 1988. /s/ Hanson Carter Representative, 146th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4720

WALTON COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION FOR DISABLED; REFERENDUM. No. 1051 (House Bill No. 1829). AN ACT To provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain disabled residents of that county who have annual incomes not exceeding $15,000.00; to provide for definitions; to specify the terms, conditions, and limitations of the exemption and the procedures relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) Net income means net income for purposes of computing net taxable income under Chapter 7 of Title 48 of the O.C.G.A., relating to income taxes, but does not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to a person and that person's spouse under the federal Social Security Act shall be so included as net income. Section 2 . For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Walton County shall require appropriate proof of such disability, including, if necessary,

Page 4721

the affidavits of not more than two licensed physicians as to the person's disability. Section 3 . Each resident of the Walton County School District who is totally disabled is granted an exemption on that person's homestead from all Walton County School District ad valorem taxes in the amount of $10,000.00, if that person's net income, together with the net income of that person's spouse who occupies and resides at such homestead, does not exceed for the immediately preceding year for income tax purposes an amount which is the greater of $15,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 4 . The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, state taxes, or municipal taxes, but shall only apply to ad valorem taxes for educational purposes levied by, for, or on behalf of the Walton County School District, including but not limited to taxes to retire school bond indebtedness. Section 5 . The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Walton County School District ad valorem taxes levied for educational purposes. Section 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Walton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Walton County School District for approval or rejection. The election superintendent shall conduct that election on the date of the August, 1988, primary and shall issue the call therefor not less than 30 nor more than 90 days prior to that date. 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 Walton County. The ballot shall have written or printed thereon the words:

Page 4722

() YES () NO Shall the Act be approved which provides a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain disabled residents of that county who have certain annual incomes not exceeding $15,000.00? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and shall be immediately repealed. The expense of such election shall be borne by Walton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a Bill to provide a $10,000 Homestead Exemption from Walton County School District ad valorem taxation for educational purposes for residents who are totally disabled and who have annual incomes not exceeding $15,000 and for other purposes. This the 19th day of February, 1988. Tyrone Carrell Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on

Page 4723

oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: February 19, 1988. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. WALTON COUNTYMOTOR VEHICLE REGISTRATION PERIODS; REFERENDUM. No. 1052 (House Bill No. 1830). AN ACT To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Walton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year

Page 4724

and thereafter in Walton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Walton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Walton County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in August, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Walton County. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 1 of the Act providing that effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Walton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A. 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and shall be immediately repealed. The expense of such election shall be borne by Walton County. It shall be the superintendent's 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 4725

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a Bill providing that vehicles shall be registered and licensed to operate for the ensuing calendar yrar and thereafter in Walton County during designated registration periods and for other purposes. This 19th day of February, 1988. Tyrone Carrell Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: February 19, 1988. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4726

CATOOSA COUNTYBOARD OF UTILITIES COMMISSIONERS; SELECTION; TERMS. No. 1053 (House Bill No. 1836). AN ACT To amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), and by an Act approved March 28, 1986 (Ga. L. 1986, p. 5535), so as to change the method of selection of the members of the board; to provide for terms and compensation of the members; to provide for an annual meeting of the consumer members of the Catoosa County Water and Sewer District; to provide for exceptions; to provide for removal for cause; to provide for vacancies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), and by an Act approved March 28, 1986 (Ga. L. 1986, p. 5535), is amended by striking the first paragraph of Section 2 in its entirety and inserting in lieu thereof a new first paragraph to read as follows: The board shall consist of five residents of Catoosa County, each of whom shall be a qualified voter therein and shall be a freeholder and a consumer under the Catoosa County Water and Sewer District. The members of the board in office on the effective date of this Act shall serve until their terms expire and until their successors are elected and qualified. All terms of office shall be for six years, provided that the initial terms shall be as follows: one member shall be elected for a term of six years, one member for a term of five years, one member for a term of four years, one member for a term of three years, and one member for a term of two years. There shall be held on October 4, 1988, a meeting

Page 4727

of the consumer members of the Catoosa County Water and Sewer District and annually thereafter on the first Tuesday in October for the purpose of electing members of the board of utilities commissioners, provided that in any year in which no member is to be elected, the board may, in its discretion, vote not to hold a meeting of consumer members for that year. The secretary-treasurer of the board of utilities commissioners of Catoosa County shall issue the call for the first meeting of consumer members as provided for in this section. The call shall state the time, date, and place of such meeting. Each vacancy in membership, whether occasioned by expiration of the term of office or otherwise, shall be filled by election by a majority of the consumer members of the Catoosa County Water and Sewer District at the annual meeting preceding the expiration of a member's term or at a special meeting to be called by the board for not less than 30 nor more than 60 days after a vacancy in the membership of the board resulting from any other cause. Permanent removal of any member from Catoosa County shall vacate his membership on the board. Members shall be eligible for relection but no person shall serve for more than two full terms. The members of the board of utilities commissioners shall, at the first meeting following election of the board, elect one of their members to serve as chairman. Section 2 . Said Act is further amended by striking from Section 2 the unnumbered paragraph which reads as follows: The chairman of the board shall receive as compensation the amount of $300.00 per month and all other members shall receive as compensation the amount of $200.00 per month for attending all meetings held in any month. The members of the board shall serve at the pleasure of the governing authority of Catoosa County and any member may be removed from said board before the expiration of such member's term, with or without cause, by the governing authority of Catoosa County., and inserting in lieu thereof a new unnumbered paragraph to read as follows: The chairman of the board shall receive as compensation the amount of $300.00 per month and all other members

Page 4728

shall receive as compensation the amount of $200.00 per month for attending all meetings held in any month. A member of the board may be removed for just cause by vote of a majority of the other members of the board. Section 3 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CATOOSA COUNTY Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of THE CATOOSA COUNTY NEWS, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in THE CATOOSA COUNTY NEWS 1 times, on the issues dated, to-wit: February 3, 1988. /s/ Jim Caldwell Sworn to and subscribed before me, this the 17 day of February, 1988. /s/ Juanita Caldwell Notary Public, Georgia State at Large My Commission Expires Apr. 27, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced in the 1988 regular session of the General Assembly of Georgia a bill to provide for the election of the Utilities Board for water and sewer districts of Catoosa County; to provide for the terms, hours, duties and compensation of such board members; to repeal conflicting laws; to provide for all related matters and other purposes. Approved March 24, 1988.

Page 4729

BUTTS COUNTYBOARD OF COMMISSIONERS; POWERS; COUNTY MANAGER CREATED; REFERENDUM. No. 1054 (House Bill No. 1837). AN ACT To amend an Act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, so as to change the powers, duties, and authority of the board; to create the office of county manager; to provide for the appointment, qualifications, powers, duties, and responsibilities of the county manager; 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 Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, is amended by striking Section 7 and inserting in its place a new Section 7 to read as follows: Section 7. The commissioners shall have exclusive jurisdiction and control over the following matters: In directing and controlling all of the property of the county in the manner provided by law; in levying taxes according to law; in establishing, abolishing, or changing election precincts or militia districts; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to, or appropriated for the use and benefit of, the county and in bringing them to settlement; in providing for the poor of the county and for the promotion of health as provided by law; generally to have and exercise all the powers heretofore vested in the judge of the probate court of said county when sitting for county purposes which are not otherwise vested in the county manager pursuant to Section 12 of this Act; and to exercise such other powers as are granted by law or as may be indispensable or incidental to their jurisdiction over county matters or county finances which are not otherwise vested in the county manager pursuant to Section 12 of this Act.

Page 4730

Section 2 . Said Act is further amended by adding a new section, to be designated Section 12, to read as follows: Section 12. (a) There is created the position of county manager of Butts County. The county manager shall be the chief administrative officer and head of the administrative branch of county government. The county manager shall serve at the pleasure of the board of commissioners. The Board of Commissioners of Butts County shall select and appoint a county manager, who shall receive such compensation as may be prescribed by the board of commissioners. The county manager must devote all of such officer's working time and attention to the affairs of the county and shall be responsible to the board of commissioners for the efficient administration of all of the affairs of the county over which such officer has jurisdiction. (b) No person shall be chosen as county manager before such person shall have attained such person's twenty-first birthday. Such person shall be of good character and of proven executive ability and experience. The county manager shall be chosen by the board of commissioners solely on the basis of such person's executive and administrative qualifications with special reference to such person's actual experience in or such person's knowledge of accepted practice with respect to the duties of such person's office as provided for in this section. At the time of such person's appointment such person need not be a resident of the county or state but, during such person's tenure of office, such person shall reside within the county. No person elected to membership on the board of commissioners shall, subsequent to such election, be eligible for appointment as county manager until one year has elapsed following the expiration of the commissioner term for which such person was elected. (c) The county manager shall be appointed for an indefinite term and shall serve at the pleasure of the board of commissioners. Any action of the board in suspending or removing the county manager shall be final. (d) The board of commissioners may designate a person or persons to perform the functions and duties of the county manager during the absence, disability, or suspension of the

Page 4731

county manager. Vacancies in the office of county manager shall be filled by the board of commissioners as early as practicable and, until such vacancy is filled, the board of commissioners shall have full power to make a temporary appointment or to perform the functions and duties of such office. (e) The county manager shall have the following duties, powers, and authority: (1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced; (2) To remove all employees of the county, under the jurisdiction of the board of commissioners, except the county attorney, and members of the boards, commissions, and authorities, who shall be removed by the board of commissioners; (3) To exercise administrative authority and supervision over all departments and personnel under the jurisdiction of the board of commissioners; (4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners; (5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote; (6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient; (7) To supervise the performance of all contracts made by any person, company, or corporation for work done for the board of commissioners;

Page 4732

(8) Except as otherwise provided in Section 11 of this Act, the county manager, or the authorized designee of the county manager, shall be the purchasing agent of materials and supplies for the county under such rules and regulations as may be imposed by the board of commissioners. If such purchasing agent is a person other than the county manager, that person, before entering upon the discharge of such person's duties, shall execute a bond with a solvent surety company licensed to do business in Butts County in an amount to be approved by the board of commissioners but not less than $25,000.00, payable to Butts County, conditioned for the faithful performance of such person's duties and to secure against corruption, malfeasance, misappropriation, or unlawful expenditure. The premium on such bond shall be paid for by Butts County; (9) To act as budget officer and submit to the board of commissioners for their approval, 60 days before the beginning of each fiscal year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended salaries; proposed capital expenditures; recommended tax levy; and such other information and data as may be considered necessary by the board of commissioners; (10) To keep the board of commissioners fully advised at all times as to the financial condition and needs of the county; (11) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (12) To serve as personnel director in the supervision and administration of the county's personnel system for county employees; (13) To delegate purely administrative duties to subordinates in the county government whose work the

Page 4733

county manager shall supervise and direct; provided, however, the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of county affairs; and (14) To perform such other duties as may be prescribed by this Act or other duties as may from time to time be required by the board of commissioners. (f) The county manager, before entering upon the discharge of the duties of county manager, shall execute a bond with a solvent surety company licensed to do business in Butts County in an amount to be approved by the board of commissioners but not less than $25,000.00, payable to Butts County, conditioned for the faithful performance of such officer's duties and to secure against corruption, malfeasance, misappropriation, or unlawful expenditure. The premium on such bond shall be paid for by Butts County. (g) The county manager shall not engage in or be concerned with local partisan politics or any local political campaign. The county manager shall not contribute to any local campaign fund or solicit funds for local political purposes from any other person. The county manager shall not be eligible for election as a member of the Board of Commissioners of Butts County for a period of one year after termination of service as county manager. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Butts County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Butts County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1988, state-wide primary election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Butts County. The ballot shall have written or printed thereon the words:

Page 4734

() YES () NO Shall the Act be approved which creates the office of county manager of Butts County and which provides for the appointment, qualifications, powers, duties, and responsibilities of such county manager? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Butts County. It shall be the superintendent's 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 1988 session of the General Assembly of Georgia a bill to amend an act creating the Board of Commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, 793), as amended; and for other purposes. This 12th day of February, 1988. Larry Smith Representative, 78th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath,

Page 4735

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 date: February 17, 1988. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. COBB COUNTYSTATE COURT; COSTS. No. 1055 (House Bill No. 1841). 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 certain costs and the provisions relating to costs in such court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking from Section 20 the following:

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From and after May 1, 1982, each party at time of filing an action or proceeding of any character in the State Court of Cobb County shall deposit with the clerk of said Court, except as hereinafter provided, the total cost, which shall include judgment and fi. fa. for all actions and proceedings of any character, irrespective of how they shall be terminated, to be determined as follows: Where the principal amount involved is less than $300.00, the cost shall be $15.00 plus $5.00 for each defendant more than one; where the principal amount involved is more than $300.00, the cost shall be $30.00 plus $10.00 for each defendant more than one. Except as hereinafter provided, the total cost for a garnishment proceeding, where the principal amount involved is less than $300.00, regardless of how terminated, shall be $15.00 plus $5.00 for each summons more than one. The total cost for a garnishment proceeding where the principal amount involved is more than $300.00, regardless of how terminated, shall be $30.00 plus $10.00 for each summons more than one. The total cost for a continuing garnishment, regardless of how terminated, shall be $30.00. Cost for service of a defendant on a continuing garnishment shall be $10.00. Except as hereinafter provided, the total cost for a proceeding against a tenant holding over shall be $25.00 plus $10.00 for each summons more than one. In addition to the foregoing costs, the clerk of said Court shall charge and collect costs as follows: For each motion for a new trial and docketing same $10.00 For affidavit to obtain alias fi. fa. 3.00 For taking and approving supersedeas bond 10.00 For filing and docketing each appeal to the appellate division, including filing all briefs 10.00 For each motion for judgment notwithstanding the verdict and docketing same 10.00 For each summons more than two to the same defendant in the same case due to multiple addresses 10.00 For entering judgment or remittitur from the Court of Appeals or the Supreme Court 5.00 For exemplification of records 5.00 Plus, per page .25 For affidavit where no cause is pending 3.00 For certificate and seal of court 2.00 For certified copy under Code Section 38-627 (Code Section 24-7-24 of the Official Code of Georgia Annotated) 3.00 Plus, per page .25 For filing and docketing each traverse of answer of garnishment including service 10.00 For each additional attempted service of process on a defendant after the second diligent attempt to serve process by the marshall 10.00 Provided, however, that the clerk shall not be required to file a traverse of garnishment unless the garnishment cost and the traverse cost are paid at the time of filing., and inserting in lieu thereof the following: From and after July 1, 1988, each party at the time of filing an action or proceeding of any character, irrespective of how it shall be terminated, in the State Court of Cobb County shall deposit with the clerk of said court the total cost, which shall include judgment and all fees required by law to be paid by the clerk out of said costs, to be determined as follows: Suits of every character (includes suits, foreclosures of personalty and distress warrants) $30.00 Marshal's first entry of serviceeach party to be served (service to same party at two addresses equals two services) 20.00 Additional service attempt after two diligent searches 20.00 Third party complaint 15.00 Regular and continuing garnishments (does not include service fee for each garnishee) 20.00 Garnishment reissue 20.00 Plaintiff's traverse of garnishment 15.00 Proceeding against tenant holding over (includes service of one defendant) 25.50 Proceeding against tenant holding overeach additional defendant 10.00 Exemplified copy 5.00 Certified copystamp and seal (plus.25 per page copied) 3.00 Alias fi. fa. 5.00 Supplemental proceedings to be served by marshal 20.00 Rush papers 5.00 Notice of appeal 5.00 Preparing Department of Public Safety letter 5.00 Supersedeas bond filing and approving 10.00 Motion of a new trial and docketing same 15.00 Motion for judgment notwithstanding the verdict and docketing same 15.00 Affidavit where no cause is pending 10.00

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The clerk shall not be required to file any of the above documents until the full cost has been paid. Section 2 . This Act shall become effective on July 1, 1988. 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; and for other purposes. This 17th day of February, 1988. /s/ Honorable Fred Aiken Representative, 21st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he 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 date: February 19, 1988. /s/ Fred Aiken Representative, 21 District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 24, 1988.

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DEKALB COUNTYGOVERNING AUTHORITY; VOTE OF CHIEF EXECUTIVE; DEPARTMENT HEADS UNDER MERIT SYSTEM; REFERENDUM. No. 1056 (House Bill No. 1842). AN ACT To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb 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), as amended, so as to change the provisions relating to the authority of the Chief Executive to vote on matters before the Commission when members of the Commission are equally divided; to provide that certain department heads shall be under the DeKalb County Merit System; to change the provisions relating to the submission of ordinances or resolutions to the office of the Chief Executive; 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 revising, superseding, and consolidating the laws relating to the governing authority of DeKalb 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), as amended, is amended by striking subsection (a) of Section 11 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Chief Executive may, at such officer's discretion, preside at any regular or specially called meeting of the Commission, but shall have no vote unless the members of the Commission are equally divided. Even when the members

Page 4741

of the Commission are equally divided, the Chief Executive may not vote on a matter which is not subject to veto by said officer under the provisions of subsection (d) of Section 15 of this Act. Section 2 . Said 1981 amendatory Act (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4547) and by an Act approved March 18, 1986 (Ga. L. 1986, p. 4107) is further amended by striking subsection (c) of Section 13 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) (1) Subject to confirmation by the Commission, the Chief Executive shall appoint the Executive Assistant and the County Attorney. The Executive Assistant shall be subject to the requirements of Section 14 of this Act. No member of the Commission or the Commission itself shall be authorized to nominate persons for the office of Executive Assistant or County Attorney. Within the budgetary limitations, the Chief Executive shall fix the compensation of the Executive Assistant and the County Attorney. Both of said officers shall serve at the pleasure of the Chief Executive. The Commission may also discharge either such officer for cause, but the affirmative vote of at least five members of the Commission shall be required to discharge either such officer. (2) Subject to confirmation by the Commission, the Chief Executive shall appoint the Planning Director, Finance Director, and Merit System Director. No member of the Commission or the Commission itself shall be authorized to nominate persons for any such position. All three of said officers shall be under the DeKalb County Merit System and, subject to the regulations of said merit system and budgetary limitations, the Chief Executive shall have the authority to fix the compensation of said officials. Section 3 . Said 1981 amendatory Act (Ga. L. 1981, p. 4304) is further amended by striking subsection (a) of Section 15 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Every ordinance or resolution adopted by the Commission shall be signed by the Presiding Officer of the Commission

Page 4742

or, in the absence of the Presiding Officer, the deputy presiding officer shall sign the ordinance or resolution. Such ordinance or resolution shall be certified by the clerk of the Commission and presented by said clerk to the office of the Chief Executive within three business days following its adoption by the Commission. The Chief Executive shall approve or veto the ordinance or resolution within eight business days after its adoption by the Commission, and, except as hereinafter provided, no ordinance or resolution shall become effective without the approval of the Chief Executive. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988 general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the power of the Chief Executive Officer of DeKalb County to vote on matters before the Commission and providing that certain department heads shall be under the DeKalb County Merit System and providing for the submission of ordinances or resolutions to the Chief Executive Officer within three days 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

Page 4743

The expense of such election shall be borne by DeKalb County. It shall be the superintendent's 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 OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 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 approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4304). Frank Redding Representative, 50th District 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 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 date: February 11, 1988. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 17th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988 (SEAL) Approved March 24, 1988.

Page 4744

NEWTON COUNTYBOARD OF EDUCATION; COMPENSATION. No. 1057 (House Bill No. 1844). AN ACT To amend an Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4211), so as to change the provisions relative to the compensation of the members and the chairman of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4211), is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. The board shall elect one of their members as chairman to serve for a term established by resolution duly adopted by the board. The board may provide by resolution for such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $400.00 per month, and the chairman shall be compensated in the amount of $400.00 per month. The members and the chairman shall also receive reimbursement for actual and necessary expenses incurred in carrying out their official duties. Section 2 . 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 1988 session of the General Assembly of Georgia a bill to amend

Page 4745

an Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended; and for other purposes. This 16th day of February, 1988. Denny M. Dobbs 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 date: February 18, 1988. /s/ Denny M. Dobbs Representative, 74th District Sworn to and subscribed before me, this 19th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4746

JOHNSON COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; ELECTION. No. 1058 (House Bill No. 1847). AN ACT To amend an Act to make provisions for the Magistrate Court of Johnson County, approved March 12, 1984 (Ga. L. 1984, p. 4006), so as to change the method of selection of the chief magistrate; to provide for the election of the chief magistrate; to provide for terms of office; to provide for vacancies; to provide for the incumbent chief magistrate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act to make provisions for the Magistrate Court of Johnson County, approved March 12, 1984 (Ga. L. 1984, p. 4006), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: Section 1. (a) The chief magistrate of the Magistrate Court of Johnson County shall be elected by the voters of the county at the general election next preceding the expiration of term of the incumbent chief magistrate, in a partisan election in the same manner as county officers are elected, as provided for by general law. (b) The chief magistrate shall be elected at the general election in 1988, and quadrennially thereafter, for a term of four years and until the election and qualification of a successor and shall take office on the first day of January following that election. (c) The chief magistrate in office on July 1, 1988, shall continue to serve the remainder of the term to which that person was appointed, which term shall expire December 31, 1988, and upon the election and qualification of a successor as provided for in this section. (d) A vacancy in the office of chief magistrate shall be filled by an appointment by the chief judge of the Superior

Page 4747

Court of the Dublin Judicial Circuit for the remainder of the unexpired term. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE TO THE CITIZENS OF JOHNSON COUNTY I intend to introduce into the 1988 session of the Georgia General Assembly a bill to change the way the Chief Magistrate of Johnson County is selected and for other purposes. Representative Jimmy Lord District 107 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 Wrightsville Headlight which is the official organ of Johnson County, on the following date: February 18, 1988. /s/ Jimmy Lord Representative, 107th District Sworn to and subscribed before me, this 19th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4748

CITY OF ALBANYHOMESTEAD EXEMPTION; REFERENDUM. No. 1059 (House Bill No. 1852). AN ACT To provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for individuals 65 years of age or older; to provide procedures; to provide for related matters; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term homestead means such term as defined in Code Section 48-5-40 of the O.C.G.A. Section 2 . Each resident of the City of Albany, Georgia, is granted an exemption from that person's homestead from all City of Albany ad valorem taxes in the amount of $2,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3 . In addition to the exemption granted in Section 2 of this Act, each resident of the City of Albany, Georgia, who is 65 years of age or older is granted an exemption from that person's homestead from all City of Albany ad valorem taxes in the amount of $2,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 4 . The governing authority of the City of Albany may by ordinance provide procedures and requirements necessary for the proper administration of the exemptions granted by this Act. Section 5 . The exemptions granted by this Act shall not apply to or affect any county school taxes, state taxes, or county taxes for county purposes.

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Section 6 . The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Albany shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Albany for approval or rejection. The election superintendent shall conduct that election on the same date as the August, 1988, general primary election and shall issue the call therefor not less than 30 days prior to that date. 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 Dougherty County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing a $2,000.00 homestead exemption from City of Albany ad valorem taxes for residents of that city and providing an additional $2,000.00 homestead exemption from City of Albany ad valorem taxes for residents of that city who are 65 years of age or older 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Albany. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 8 . All laws and parts of laws in conflict with this Act are repealed.

Page 4750

NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to authorize submission to the qualified voters of the City of Albany a proposal to exempt from city ad valorem taxes $2,000 of the value of all real estate in the City of Albany returned for taxation by persons who own and occupy the property as a residence, and an additional of $2,000 of value where such persons are sixty-five years of age or older; provided that the procedures for obtaining such tax exemption shall be those provided by law for obtaining tax exemption from state and county taxes. This 8th day of February, 1988. James V. Davis City Attorney City of Albany, Georgia February 15, 1988 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 date: February 15, 1988. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4751

DOUGHERTY COUNTYCOUNTY ADMINISTRATOR; CONTRACTS. No. 1060 (House Bill No. 1853). AN ACT To amend an Act creating the office of county administrator of Dougherty County, approved March 11, 1975 (Ga. L. 1975, p. 2651), as amended, so as to change the dollar amount of contracts and purchases below which the administrator need not seek approval from the governing authority; 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 administrator of Dougherty County, approved March 11, 1975 (Ga. L. 1975, p. 2651), as amended, is amended by striking Section 7 thereof and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The county administrator shall be the chief purchasing agent for the county, by whom all purchases and supplies and all contracts therefor shall be made, and he shall sign all vouchers for the payment of the same under such rules and regulations as the board of commissioners may adopt; provided, that no contract purchase or obligation involving over $5,000.00 shall be valid and binding until after approval of the Board of Commissioners of Dougherty County. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given of the intention of the 1988 Georgia General Assembly to introduce a bill amending Georgia Laws 1975, page 2861, which laws deal with the creation of the office of County Administrator of Dougherty County, Georgia, and related activities. The bill will increase from $2,500.00 to $5,000.00

Page 4752

the amount the County Administrator shall be allowed to purchase and/or contract for without gaining approval of the Board of Commissioners of Dougherty County, Georgia. This notice is given pursuant to Section 28-1-14 of the the Official Code of Georgia Annotated. DOUGHERTY COUNTY, GEORGIA By: W. SPENCER LEE, IV County Attorney February 13, 1988 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 date: February 13, 1988. /s/ Tommy Chambless Representative, 133rd District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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BULLOCH COUNTYCORONER; COMPENSATION. No. 1061 (House Bill No. 1855). 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, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4748), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing the coroner of Bulloch County on an annual salary, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4748), 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 Bulloch County is placed on a salary basis in lieu of a fee basis for all of his services and shall be compensated in the amount of $5,000.00 per annum to be paid in equal monthly installments from the funds of Bulloch County. The coroner shall also receive $1,500.00 per annum for travel expenses to be paid in equal monthly installments from the funds of Bulloch County. Such salary and travel expenses 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 Bulloch 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 January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

Page 4754

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act relating to the Coroner of Bulloch County, approved April 4, 1967 (Ga. L. 1967, p. 2524), as amended, so as to change the compensation of the Coroner; and for other purposes. This 16th day of February, 1988. Hon. Robert E. Lane Representative, 111th District Hon. 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 Hearld which is the official organ of Bulloch County, on the following date: February 19, 1988. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4755

BULLOCH COUNTYSTATE COURT; JUDGE AND SOLICITOR; COMPENSATION. No. 1062 (House Bill No. 1856). AN ACT To amend an Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3389), so as to change the compensation of the judge and solicitor of said court; to provdie an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3389), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) There shall be a Judge of the State Court of Bulloch County, whose term of office beginning January 1, 1951, will be for a term of six years, ending December 31, 1956, and each term thereafter shall be for a term of four years, and whose election and qualifications shall be and remain as now fixed by law. (b) The Judge of the State Court of Bulloch County shall receive a salary of $15,000.00 per annum which shall be paid in equal monthly installments from the funds of Bulloch County. The judge shall be a part-time judge and may engage in the private practice of law in other courts but may not practice in his own court or appear in any matter as to which the judge has exercised any jurisdiction. Section 2 . Said Act is further amended by striking from Section 4 that sentence thereof which reads as follows: The salary of said solicitor shall be the sum of $9,000.00 per annum to be paid out of the treasury of Bulloch County

Page 4756

which shall be in full for all services rendered by him, and for which he shall receive no other compensation than a salary of $9,000.00 per annum as provided herein, and which salary shall be in lieu of all fees, fines, forfeitures, and insolvent costs., and by adding immediately following Section 4 a new Section 4A to read as follows: Section 4A. The Solicitor of the State Court of Bulloch County shall receive a salary of $12,000.00 per annum which shall be paid in equal monthly installments from the funds of Bulloch County. The solicitor shall be a part-time solicitor and may engage in the private practice of law in other courts but may not practice in his own court or appear in any matter as to which the solicitor has exercised jurisdiction. Section 3 . This Act shall become effective on January 1, 1989. 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court Bulloch County, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, so as to change the compensation of the Judge and the Solicitor of State Court; and for other purposes. This 16th day of February, 1988. Hon. Robert E. Lane Representative, 111th District Hon. 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

Page 4757

oath, deposes and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introudce Local Legislation was published in the Statesboro Herald which is the official organ of Bulloch County, on the following date: February 19, 1988. /s/ John F. Godbee Representative, 110th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF MANCHESTERBOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; VACANCIES. No. 1063 (House Bill No. 1857). AN ACT To amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved February 26, 1962 (Ga. L. 1962, p. 2244), an Act approved April 2, 1963 (Ga. L. 1963, p. 2799), an Act approved March 31, 1965 (Ga. L. 1965, p. 3065), an Act approved March 1, 1968 (Ga. L. 1968, p. 2107), an Act approved March 21, 1974 (Ga. L. 1974, p. 2236), an Act approved March 18, 1980 (Ga. L. 1980, p. 3564), and an Act approved April 13, 1982 (Ga. L. 1982, p. 4798), so as to provide for the election of the members of the board of commissioners of the City of Manchester from election districts; to provide for districts; to provide for the manner of election; to provide for qualifications and terms

Page 4758

of members; to provide for the filling of vacancies on the board; to provide for intent; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . It is the intent of this Act to implement the judgment of the United States District Court for the Northern District, Newnan Division, in the case of Meriwether County Voter Education Project v. City of Manchester , Civil Action Number C86-06N. Section 2 . An Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved February 26, 1962 (Ga. L. 1962, p. 2244), an Act approved April 2, 1963 (Ga. L. 1963, p. 2799), an Act approved March 31, 1965 (Ga. L. 1965, p. 3065), an Act approved March 1, 1968 (Ga. L. 1968, p. 2107), an Act approved March 21, 1974 (Ga. L. 1974, p. 2236), an Act approved March 18, 1980 (Ga. L. 1980, p. 3564), and an Act approved April 13, 1982 (Ga. L. 1982, p. 4798), is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The governing authority of the City of Manchester shall consist of five members to be elected as provided in this Act. (b) For the purpose of electing members of the board, the City of Manchester shall be divided into two districts to be known as the North Precinct and the South Precinct. The dividing line between the North and South Precincts shall be as follows: Begin at the intersection of the Wrightsville Road (the Old Woodbury Road) with the North line of the City Limits of Manchester and proceed in a Southeasterly direction along the Wrightsville Road (the Old Woodbury Road) to its intersection with Johnson Avenue; thence proceed West and South along Johnson Avenue to its intersection with Washington Street; thence proceed East along Washington Street to its intersection with Georgia Highway 190, also know as State Route Number 85; thence proceed South along Georgia Highway 190 to its intersection with the Southernmost

Page 4759

tract of the Seaboard Coastline Railroad, also known as CSX Railroad, thence proceed in a Westerly and Northerly direction along the right of way of the Seaboard Coastline Railroad to the intersection of said right of way with the Northwest corner of the city limits of the City of Manchester. All portions of the City lying South of the previously described line shall lie in the South Precinct and all portions lying North of said line shall lie in the North Precinct. (c) Two members shall be elected from each district. Each district shall have two election posts to be known as Post Number One and Post Number Two. To qualify as a candidate to be elected from a district the candidate must reside in the district from which the candidate offers and shall be in all other respects qualified to hold public office. Only the qualified electors of a district shall be entitled to vote for candidates seeking membership on the board from such district. Election of a member from a district shall be solely by the qualified members who reside in such district. (d) The fifth member of the board shall be elected from the city at large and shall serve as the chairman of the board of commissioners. Section 3 . Said Act is further amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) Those members of the board elected at the special election held on January 12, 1988, shall serve until the expiration of their terms on December 31, 1988, and until their successors are elected and qualified. (b) At the general election in November, 1988, and biennially thereafter, there shall be elected the four members from the districts described in Section 2 and the member elected at large. The five members so elected shall take office on January 1 following the election for terms of two years and until successors are elected and qualified. (c) In the event that a member moves his residence from the district the member represents, that position on

Page 4760

the board of commissioners shall immediately become vacant. Vacancies on the commission due to death, resignation, or otherwise shall be filled by a special election held in accordance with the requirements of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Section 4 . Said Act is further amended by striking Section 6C in its entirety and inserting in lieu thereof a new Section 6C to read as follows: Section 6C. All general, primary, run-off, and special elections of the City of Manchester shall be conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' 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 1988 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, so as to change the manner of electing the board of commissioners of the City of Manchester; and for other purposes. This 18th day of January, 1987. P.O. NO. 4641 LEONARD R. MEADOWS STATE REPRESENTATIVE GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leonard R. Meadows, 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 Meriwether Vindicator which is the official organ of Meriwether County, on the following date: January 22, 1988. /s/ Leonard R. Meadows Representative, 91st District

Page 4761

Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CLAYTON COUNTYCORONER; COMPENSATION. No. 1064 (House Bill No. 1858). AN ACT To amend an Act providing for the compensation and expenses of the coroner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5015), 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 for the compensation and expenses of the coroner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5015), is amended by striking from subsection (a) of Section 1 the following: $8,610.00, and substituting in lieu thereof the following: $9,040.00,

Page 4762

so that when so amended subsection (a) shall read as follows: (a) In lieu of all fees for his services, the coroner of Clayton County shall receive an annual salary of $9,040.00. In addition to such salary, the coroner shall receive an expense allowance of $2,400.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Clayton County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 1988 session of the General Assembly of Georgia, a bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, approved March 18, 1980 (Ga. L. 1980, p. 3511); and for other purposes. This 19th day of February, 1988 Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: February 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District

Page 4763

Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CLAYTON COUNTYSHERIFF; CLERK AND DEPUTY CLERK OF SUPERIOR COURT; COMPENSATION. No. 1065 (House Bill No. 1859). AN ACT To amend an Act placing the sheriff and clerk of the Superoir Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5255), 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 March 31, 1987 (Ga. L. 1987, p. 5255), is amended by striking from Section 1 the following: $37,425.00, and inserting in lieu thereof the following:

Page 4764

$39,300.00, so that when so amended Section 1 shall read as follows: Section 1. The salaries for the officers herein named shall be their full and complete salaries, 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 $39,300.00 per annum, both salaries being payable in equal monthly installments by the governing authority of said county out of the funds of said county. Any funds, except the salary provided herein, which are collected under the color of their offices shall be construed as county funds and shall be accounted for as such. Section 2 . Said Act is further amended by striking from subsection (b) of Section 1A the following: $28,775.00, and inserting in lieu thereof the following: $30,225.00, 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 $30,225.00 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 such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed.

Page 4765

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 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 19th day of January, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4766

CLAYTON COUNTYPROBATE COURT; JUDGE; COMPENSATION. No. 1066 (House Bill No. 1860). 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, particulary by an Act approved March 31, 1987 (Ga. L. 1987, p. 5246), 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 March 31, 1987 (Ga. L. 1987, p. 5246), is amended by striking from Section 1 the following: $37,425.00, and substituting in lieu thereof the following: $39,300.00, so that when so amended Section 1 shall read as follows: Section 1. The salary herein named for the judge of the probate court shall be his full and complete compensation, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law shall be county funds and accountable for as such. The salary of said judge of the probate court shall be $39,300.00 per annum, payable monthly by the governing authority out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named.

Page 4767

Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 1988 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 1, 1950 (Ga. L. 1950, p. 2068), as amended; and for other purposes. This 19th day of January, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4768

CLAYTON JUDICIAL CIRCUITCOURT REPORTERS; COMPENSATION. No. 1067 (House Bill No. 1862). AN ACT To amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4534), so as to change the compensation of the official court reporters of the Clayton Judicial 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 providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4534), is amended by striking the symbol and figures $13,400.00 in Section 1 in their entirety and substituting in lieu thereof the following: $15,000.00, so that when so amended Section 1 shall read as follows: Section 1. The official court reporters of the Clayton Judicial Circuit composed of Clayton County shall be compensated in an amount not to exceed $15,000.00 per annum each, to be set by the chief judge of the superior court of said circuit. Such compensation shall be paid in monthly installments from the funds provided for such purposes by Clayton County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

Page 4769

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 1988 session of the General Assembly of Georgia a bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended; and for other purposes. This 9th day of Feb., 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: February 9, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 10th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CLAYTON COUNTYTAX COMMISSIONER; DEPUTY; COMPENSATION. No. 1068 (House Bill No. 1863). 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 March 31, 1987 (Ga. L. 1987, p. 5259), 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 March 31, 1987 (Ga. L. 1987, p. 5259), is amended by striking from subsection (b) of Section 7 the following: $37,425.00, and substituting in lieu thereof the following: $39,300.00, so that when so amended said subsection (b) shall read as follows: (b) The tax commissioner of Clayton County shall receive an annual salary of $39,300.00 which shall be paid in equal monthly installments from the funds of Clayton County. Section 2 . Said Act is further amended by striking from subsection (b) of Section 7A the following:

Page 4771

$28,775.00, and substituting in lieu thereof the following: $30,225.00, 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 $30,225.00 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 such 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 1988 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 19th day of January, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988.

Page 4772

/s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CLAYTON COUNTYSTATE COURT; JUDGE; SOLICITOR; DEPUTY CLERK; COMPENSATION. No. 1069 (House Bill No. 1864). 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 March 31, 1987 (Ga. L. 1987, p. 5249), so as to change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5249), is amended by striking from Section 1A the following: $28,775.00, and substituting in lieu thereof the following:

Page 4773

$30,225.00, so that when so amended Section 1A shall read as follows: Section 1A. There is created an office in Clayton County to be known as deputy clerk of the state court, and the clerk of the State Court of Clayton County is authorized to appoint the deputy clerk of the state court. The deputy clerk of the state court serve at the pleasure of the clerk of the state court and may be removed from office by the clerk of the state court. The deputy clerk of the state court shall have the same authority granted to clerks of the state court shall by the laws of this state when acting on behalf and at the direction of the clerk of the State Court of Clayton County. The qualifications of the deputy clerk of the state court shall be the same as those prescribed for the clerk of the state court, and such person shall be required to take the same oath of office as the clerk of the state court after appointment and before assuming the duties of office. The deputy clerk of the state court shall receive a salary to be fixed in the discretion of the clerk of the state court in an amount not to exceed $30,225.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The deputy clerk of the state court shall not be subject to the provisions of the `Clayton County Civil Service System Act,' approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended. Section 2 . Said Act is further amended by striking from Section 3 the following: $53,325.00, and substituting in lieu thereof the following: $56,000.00, so that when so amended Section 3 shall read as follows: Section 3. Judges' salaries. Each judge of the State Court of Clayton County shall receive a salary of $56,000.00 per annum which shall be paid monthly by the board of commissioners of Clayton County. The judges of the State

Page 4774

Court of Clayton County shall receiver 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 3 . Said Act is further amended by striking from Section 6 the following: $38,900.00, and substituting in lieu thereof the following: $40,050.00, so that when so amended Section 6 shall read as follows: Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $40,050.00 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 shall not engage in the private practice of law in any capacity during his tenure as solicitor of said court and shall not be eligible to hold any other public office while serving as solicitor of said court. Section 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Clayton County, approved

Page 4775

January 28, 1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes. This 19th day of January, 1988. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., 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 date: January 19, 1988. /s/ Frank I. Bailey, Jr. Representative, 72nd District Sworn to and subscribed before me, this 8th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. MADISON COUNTYBOARD OF COMMISSIONERS; MEETINGS; COMPENSATION OF CHAIRMAN. No. 1070 (House Bill No. 1873). AN ACT To amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667),

Page 4776

as amended, so as to change certain provisions relating to meetings of the board; to change certain provisions relating 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 a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: Section 5. The board shall meet at least twice a month at 7:00 P. M. on the second and fourth Tuesday; provided, however, that if a meeting is scheduled on a holiday, such meeting will be held on the Wednesday following such holiday. The board shall set the time for such meetings, and public notice shall be given of the time, place, and date of each such meeting. The board may hold special meetings at any time on the call of the chairman or on the call of the majority of the members of the board; provided, further, no such special or called meeting shall be held for any purpose unless notice thereof has been given in writing to all members of the board at least 48 hours prior to the time set for said meeting. Said notice may be waived by the members of the board, provided the waivers are in writing and signed by all members of the board and made a part of the record. Proceedings of any meetings not held in conformity and in compliance with the foregoing shall be null, void, and of no effect. Section 2 . Said Act is further amended by striking subsection (a) of Section 9 and inserting in its place a new subsection (a) to read as follows: (a) The chairman of the board of commissioners of Madison County shall receive an annual salary in an amount equal to the annual salary now or hereafter received by the sheriff of Madison County; provided, however, that the annual salary of the chairman in office on December 31, 1988, shall not be less than the annual salary received by such

Page 4777

chairman for the year 1988. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $3,000.00 per annum, payable in equal monthly installments from county funds. The vice-chairman of the board of commissioners shall receive an additional $600.00 per year payable in equal monthly installments from county funds. Section 3 . This Act shall become effective on January 1, 1989. 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 1988 Session of the General Assembly of Georgia a Bill to amend an Act creating a Board of Commissioners of Madison County approved March 27, 1965 (Ga. L. 1965, P. 2667), as amended; and for other purposes. This 15th day of February 1988. Louie Clark, State Representative, Ga. Gen. Assy. Dist. 13 Post 1 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark, who, on oath, deposes and says that he 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 date: February 19, 1988. /s/ Louie M. Clark Representative, 13th District

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Sworn to and subscribed before me, this 23rd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. COBB COUNTYSTATE COURT; CLERK AND CHIEF DEPUTY CLERK; COMPENSATION. No. 1071 (House Bill No. 1874). 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 30, 1987 (Ga. L. 1987, p. 4971), so as to change the compensation of the clerk and the chief deputy clerk of the State 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 creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4971), is amended by striking paragraph (4) of subsection (b) of Section 17 and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The salary of the chief deputy clerk shall be $42,000.00 per annum to be paid in equal monthly installments from funds of Cobb County.

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Section 2 . Said Act is further amended by striking from Section 23 the following: The clerk of the State Court of Cobb County shall receive an annual salary of $49,750.00, payable in equal monthly installments from the funds of Cobb County., and inserting in lieu thereof the following: The clerk of the State Court of Cobb County shall receive an annual salary of $52,237.00, payable in equal monthly installments from the funds of Cobb 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 such 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964 p. 3211), as amended; and for other purposes. This the 8th day of Jan. 1988 /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON
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BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herman Clark, 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 date: January 8, 1988. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF TALMONEW CHARTER. No. 1072 (House Bill No. 1880). AN ACT To reincorporate and continue the Town of Talmo, in Jackson County, Georgia, and provide for its boundaries and powers; to provide for the executive, legislative, and judicial branches of the town and provide for officers and powers thereof; to provide for the organization of the town's government structures and procedures relating thereto; to provide for the administrative and personnel affairs of the town; to provide for elections, vacancies, and removals; to provide for financial, fiscal, and business affairs of the town; to provide for general provisions and penalties; to provide for all related matters; to repeal specifically a certain Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I NAME Section 1.10 . Name. This town and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style Talmo, Georgia, and by that name shall have perpetual succession. ARTICLE II BOUNDARIES Section 2.10 . Boundaries. (a) The corporate boundaries of this town shall be as described and set forth in Appendix A attached hereto. (b) The town council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.

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ARTICLE III POWERS Section 3.10 . Powers. (a) This town shall have all powers possible for a town 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. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. Said powers shall include, but are not limited to, the following: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this town; (3) Building regulations. To regulate and to license 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 and building trades; (4) 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

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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 the failure to pay any town taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (8) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (9) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business therein 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; (10) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use

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of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (11) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (12) Jail sentences. To provide that persons given jail sentences in the mayor's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (13) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the town; (14) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (15) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (16) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town;

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(17) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (18) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; (19) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (20) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (21) Planning and zoning. To provide comprehensive town planning for development by zoning and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (22) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish, operate, or contract for a police and a fire-fighting agency; (23) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (24) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities,

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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; to provide any other public improvements inside or outside the corporate limits of the town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (25) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (26) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (27) 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; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to impose and collect a sewer connection fee or fees to those connected with the system; (28) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate

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the collection and disposal of garbage, rubbish, and refuse by others; (29) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (30) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (31) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (32) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (33) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; 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 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; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases

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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 3.11 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE IV LEGISLATIVE BRANCH Section 4.10 . Creation. (a) The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall continue to be vested in a town council to be composed of a mayor and four councilmen, but after this charter becomes effective those councilmen shall be deemed to be councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. Section 4.11 . Town council qualifications. No person shall be eligible to serve as mayor or councilmember unless he is at least 21 years of age. No person shall be eligible to serve as mayor or councilmember if that person is ineligible for public office pursuant to Code Section 45-2-1. Each member of the council shall continue to reside in the town during his period of service and to be registered and qualified to vote in the municipal elections of this town. The mayor and each councilmember shall be elected at large from the entire town. Section 4.12 . Vacancies. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) If a vacancy occurs in the office of mayor, the councilmembers shall, within 20 days after that vacancy occurs, provide for the calling of a special election to fill the remaining unexpired

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term. If a vacancy occurs in the office of councilmember, the mayor and remaining councilmembers shall appoint a person to fill such vacancy until a successor is elected at an election held at the next regular municipal general election. Section 4.13 . Compensation and expenses. The salary of mayor and councilmembers shall be the same salary as provided therefor immediately prior to the effective date of this charter, but may thereafter be changed subject to Chapter 35 of Title 36 of the O.C.G.A. Section 4.14 . Prohibitions. (a) Except as authorized by law, neither the mayor nor any councilmember shall hold any other town office or town employment during the term for which he was elected. (b) Neither the mayor nor any member of the town council shall vote upon, sign, or veto any resolution, contract, or other matter in which he is personally interested. Section 4.15 . Inquiries and investigations. The town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be punished as provided by ordinance. Section 4.16 . General power and authority. Except as otherwise provided by the charter, the town council shall be vested with all the powers of government of this town as provided in Article III of this charter. Section 4.17 . Eminent domain. The town 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 within or outside

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the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. ARTICLE V ORGANIZATION AND PROCEDURES Section 5.10 . Meetings. (a) The town council shall hold an organizational meeting in January of each year. At that meeting any person elected as mayor or councilmember at the immediately preceding municipal general election shall qualify by taking the following oath: I do solemnly swear that I will faithfully perform the duties of (mayor) (councilmember) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (c) Special meetings of the town council may be held on call of the mayor or two members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (d) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible one day prior to such meetings. Section 5.11 . Procedures. (a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.

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(b) All committees and committee chairmen and officers of the town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. Section 5.12 . Voting. Three councilmembers or the mayor and two councilmembers shall constitute a quorum and shall be authorized to transact the business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers or two councilmembers and the mayor shall be required for the adoption of any ordinance, resolution, or motion. Section 5.13 . Ordinances. (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 Town of Talmo hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town 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 for in Section 5.15 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate. Section 5.14 . Effect of ordinances. Acts of the town council which have the force and effect of law shall be enacted by ordinance. Section 5.15 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance

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shall 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 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 two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 5.16 . Codes. The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 5.13 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 5.17 of this charter. 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 5.17 . Signing; authenticating; recording; codification; 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. (b) The town shall provide for the preparation of a general codification of all the ordinances of the town having the force

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and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as The Code of the Town of Talmo, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town 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 then in effect and shall be suitable in form for incorporation within the code. The twon council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. Section 5.18 . Mayor's duties. (a) The mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesman for the town and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (5) Vote on matters before the town council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget;

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(7) Preside at the municipal court; and (8) Fulfill such other executive and administrative duties as the town council shall by ordinance establish. (b) By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the town council. ARTICLE VI ADMINISTRATIVE AFFAIRS Section 6.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the town 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 town as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (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 or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the town council. The mayor may suspend or remove directors under his supervision but such shall not be effective for five calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the town council. The director involved may appeal to

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the town council which, after a hearing, may override the mayor's action by a vote of three councilmembers. Section 6.11 . Boards, commissioners, and authorities. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town 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 otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the town an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may

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appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town. Section 6.12 . Town attorney. The town council shall appoint a town attorney, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for presenting and defending the town in all litigation in which the town is a party; may be prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required of him by virtue of his position as town attorney. Section 6.13 . Town clerk. The town council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal, maintain town council records required by this charter, and perform such other duties as may be required by the town council. Section 6.14 . Treasurer. The town council shall appoint a town treasurer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 6.15 . Town accountant. The town council shall appoint a town accountant to perform the duties of an accountant. Section 6.16 . Personnel administration. (a) The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the town council for approval. Such plan may apply to all employees of the town

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and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed town officials are not town employees. (b) The town council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime, pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE VII MUNICIPAL COURT Section 7.10 . Presiding officer. There shall be a municipal court in said town for the trial of offenders against the laws and ordinances of said town, to be held by the mayor in council chamber or such other place as the mayor may designate, as often as necessary. In the absence or disqualification of the mayor, the mayor pro tempore shall hold said court, and in the absence or disqualification of both the mayor and the mayor pro tempore, the remaining councilmembers shall designate one of their number to hold court. Section 7.11 . Powers. The mayor, mayor pro tempore, or councilmember holding court shall have the power to preserve

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order, compel attendance of witnesses, punish for contempt, and shall have full authority upon conviction to sentence any offender to labor upon the streets or other public works in said town for a period of time not exceeding 30 days or impose a fine not exceeding $1,000.00. Section 7.12 . Certiorari. Any person convicted in the municipal court for violation of any of the ordinances of said town or for violation of any law shall have the right of certiorari to the Superior Court of Jackson County; or he may have the right to appeal to the mayor and council. Section 7.13 . Witnesses. The mayor or those holding the municipal court in his stead shall have the power and authority to subpoena witnesses, within and without the limits of said town, to attend the municipal court under the same rules and regulations that regulate and govern the superior courts of this state, to compel their attendance, and to punish any witness who has been subpoenaed and failed to attend. ARTICLE VIII ELECTIONS AND REMOVALS Section 8.10 . General laws. All primaries and 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. 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. Section 8.11 . Election of officers. The municipal general election shall be conducted on the first Tuesday in the month of December of each and every year. Section 8.12 . Mayor's term. The mayor who is in office immediately prior to the effective date of this charter shall continue to serve out the term of that office which shall expire at the end of December 31, 1988, and upon the election and qualification of a successor. That successor shall be elected at the municipal general election in 1988, take office at the first organizational meeting of the city council in 1989, and serve for an initial term of two years and until the election and qualification

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of a successor. Therefore, successors to the mayor whose term of office is to expire shall be elected at the municipal general election immediately preceding the expiration of that term, take office at the first organizational meeting of the city council in January following that election, and serve for terms of two years and until the election and qualification of a successor. Section 8.13 . Councilmember term. (a) Those two councilmembers in office immediately prior to the effective date of this charter whose terms of office are to expire at the end of December 31, 1988, shall continue to serve out those terms and until the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 1988, take office at the first organizational meeting of the council in 1989, and serve for initial terms of two years each and until their respective successors are elected and qualified. (b) Those two councilmembers in office immediately prior to the effective date of this charter whose terms of office are to expire at the end of December 31, 1989, shall continue to serve out those terms and until the election and qualifications of their respective successors. Those successors shall be elected at the municipal general election in 1989, take office at the first organizational meeting of the council in 1990, and serve for initial terms of two years each and until their respective successors are elected and qualified. (c) After the initial terms specified in subsections (a) and (b) of this section, successors to councilmembers whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of those terms, take office at the first organizational meeting of the council in January following that election, and serve for terms of two years each and until their respective successors are elected and qualified. Section 8.14 . Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office;

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(2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office provided by this charter or by law; (4) Knowing violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected official is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the town council to the Superior Court of Jackson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Jackson County following a hearing on a complaint seeking such removal brought by any resident of the Town of Talmo. ARTICLE IX FINANCE Section 9.10 . Property taxes. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the

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repayment of principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion. Section 9.11 . Millage; due dates; payment methods. The town council by ordinance shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 9.12 . Occupation taxes and business license fees. The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling within the town to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The town council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 9.18 of this charter. Section 9.13 . Licenses. The town council by ordinance shall have the power to require any individual or corporation who transacts business in this town or who practices or offers to practice any profession or calling within the town to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulations. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 9.18 of this charter. The town council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 9.14 . Franchises. The town council shall have the power to grant franchises for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations.

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The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by him. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 9.15 . Special assessments. The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 9.18 of this charter. Section 9.16 . Roads. The town council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 9.18 of this charter. Section 9.17 . Other taxes. This town shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs. Section 9.18 . Collection of delinquent taxes. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 9.10 through 9.17 of this charter by whatever reasonable means as are not precluded by 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

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town licenses for failure to pay any town taxes or fees, and providing for the assignment or transfer of tax executions. Section 9.19 . Borrowing. The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 9.20 . Loans. The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. Section 9.21 . Fiscal year. The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government. Section 9.22 . Budget ordinance. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 9.23 . Operating budget. On or before a date fixed by the town council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. Section 9.24 . Adoption. (a) The town council may amend the operating budget proposed by the mayor, except that

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the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council shall adopt the final operating budget for the ensuing fiscal year not later than the first day of January of each year. If the town council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 9.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. Section 9.25 . Levy of taxes. Following adoption of the operating budget, the town 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 expense of the general government of this town. Section 9.26 . Changes in budget. The town council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 9.27 . Capital improvements. (a) On or before the date fixed by the town council, but not later than 30 days

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prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The town council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 5.15 of this charter. (b) The town council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the first day of January of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were 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. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the town council. Section 9.28 . Audits. There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town 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 costs to the public. Section 9.29 . Procurement and property management. No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in town council journal of proceedings pursuant to Section 3.14 of this charter.

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Section 9.30 . Purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town. Section 9.31 . Sale of property. (a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. ARTICLE X GENERAL PROVISIONS Section 10.10 . Bonds for officials. The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law. Section 10.11 . Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council. Section 10.12 . Construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 10.13 . Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter

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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 10.14 . Specific repealer. An Act incorporating the Town of Talmo in the County of Jackson, approved August 9, 1920 (Ga. L. 1920, p. 1549), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 10.15 . Effective date. This charter shall become effective on July 1, 1988. Section 10.16 . General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A Located within the limits of four-tenths of one mile in every direction from the depot of the Gainesville Midland Railway at Talmo Station in Jackson County, Georgia. NOTICE TO INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced in the 1988 Session of the General Assembly of Georgia to amend an act creating the charter for the Town of Talmo (Ga. Laws 1920, p. 1549), to create a new charter for the Town of Talmo. This 26 day of January, 1988. LAUREN H. (BUBBA) McDONALD Representative, 9th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr., who, on oath, deposes and says that he is Representative from the

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12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following date: February 3, 1988. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. DOUGHERTY COUNTYPROBATE COURT; JUDGE; SALARY. No. 1073 (House Bill No. 1883). 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, so as to provide for the salary of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act placing certain county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, is amended by designating the current language of subsection (b) of Section 2 of said Act

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as paragraph (1) of subsection (b) and by adding immediately following said newly designated paragraph a new paragraph (2) of subsection (b) to read as follows: (2) Notwithstanding the provisions of paragraph (1) of this subsection, if the probate court in Dougherty County is subject to and operates pursuant to the provisions of Article 6 of Chapter 9 of Title 15 of the O.C.G.A., the Judge of the Probate Court of Dougherty County shall receive an annual salary of $45,000.00. Section 2 . This Act shall become effective on January 1, 1989. 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 1988 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 March 14, 1983 (Ga. L. 1983, p. 3757); and for other purposes. This 20th day of February, 1988. 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 date: February 20, 1988. /s/ Tommy Chambless Representative, 133rd District

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Sworn to and subscribed before me, this 24th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CHATTOOGA COUNTYSTATE COURT; JUDGE AND SOLICITOR; COMPENSATION. No. 1074 (House Bill No. 1884). AN ACT To amend an Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4503), so as to change the provisions relating to the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the State Court of Chattooga County, approved March 29, 1983 (Ga. L. 1983, p. 4570), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4503), is amended by striking subsection (c) of Section 12 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The judge shall be paid a salary of $18,550.00 per annum, payable monthly out of the treasury of Chattooga County by the officers of said county authorized to pay out

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the funds of said county. The salary of said judge shall be an expense of said court. Section 2 . Said Act is further amended by striking subsection (d) of Section 13 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) The solicitor shall receive an annual salary of $12,720.00 payable in equal monthly installments from the funds of Chattooga 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 such 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 1988 session of the General Assembly of Georgia a bill to amend an act creating the State Court of Chattooga County, approved March 29, 1983 (Georgia L. 1983, p. 4570), as amended; and for other purposes. This 17th day of February, 1988. John G. Crawford, Representative District 5 1tc GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford, who, on oath, deposes and says that he 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 date: February 18, 1988. /s/ John G. Crawford Representative, 5th District

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Sworn to and subscribed before me, this 24th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. COBB COUNTYJUVENILE COURT; JUDGE'S COMPENSATION. No. 1075 (House Bill No. 1886). 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, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4910), 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, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4910), 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 $53,130.00, to be paid in equal monthly installments from the general funds of Cobb County. Said judge shall devote his full time to the

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duties of his office and shall not engage in the private practice of law. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 1988 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. 360), as amended; and for other purposes. This the 8th day of Jan. 1988 /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herman Clark, who,

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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 date: January 8, 1988. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CITY OF JONESBOROMAYOR AND COUNCILMEN; ELECTION; TERMS. No. 1076 (House Bill No. 1889). AN ACT To amend an Act creating a new charter for the City of Jonesboro, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, so as to change the terms of office of the mayor and councilmen; to provide for election of the mayor and councilmen; to change the date of the election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new charter for the City of Jonesboro, approved August 18, 1919 (Ga. L. 1919, p. 1067),

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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. Elections. (a) On the first Saturday in December, 1988, an election shall be held for the mayor and three councilmen whose terms expire the first Monday in January, 1989. The mayor and councilmen elected in 1988 shall serve for three-year terms or until their successors are elected and qualified, such terms to commence on the first organizational meeting in January, 1989. (b) On the first Saturday in December, 1989, an election shall be held for the three remaining councilmen whose terms expire the first Monday in January, 1990. The councilmen elected in 1989 shall serve for four-year terms or until their successors are elected and qualified, such terms to commence on the first organizational meeting in January, 1990. (c) On the first Saturday in December, 1991, an election shall be held for the mayor and three councilmen whose terms expire in January, 1992. The mayor and three councilmen elected in 1991 shall serve for four-year terms or until their successors are elected and qualified, such terms to commence on the first organizational meeting in January, 1992. (d) Beginning in 1993, a regular election shall be held on the Tuesday next following the first Monday in November and on such date biennially thereafter. The mayor and councilmen shall take office on the first organizational meeting in January following their election and shall serve for terms of four years and until their successors are elected and qualified. (e) The mayor and councilmen presently in office in the City of Jonesboro shall continue in office until the expiration of the term for which they were elected or until their successors have been duly elected and qualified. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION CITY OF JONESBORO Notice is hereby given that a bill will be introduced in the 1988 Session of the Georgia General Assembly to change the terms of the Mayor and Council Members of the City of Jonesboro from two years to four years. Copies of the proposed legislation are on file in the office of the City Clerk where they are available for public inspection. GLAZE, FINCHER BRAY, P.C. ATTORNEYS FOR THE CITY OF JONESBORO Personally appeared before the undersigned, a notary public within and for said county and state, Clayton County, State of Georgia, publisher of Clayton NewsDaily the official organ for the County of Clayton for the publication of official or legal advertisements for said county. Said newspaper published at Jonesboro, Georgia, County of Clayton, State of Georgia, who, being duly sworn, states on oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the 18 February 1988. Signed, William L. Wadkins, Publisher Signed, Judy Bray, Agent Sworn to and subscribed before me this 19 day of February, 1988. Signed Kathy J. Selman, Notary Public My commission expires, 19 (SEAL) Approved March 24, 1988.

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FORSYTH COUNTYBOARD OF COMMISSIONERS; COMPENSATION AND EXPENSES. No. 1077 (House Bill No. 1890). AN ACT To amend an Act creating the 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 20, 1986 (Ga. L. 1986, p. 4395), so as to change the compensation of the chairman of the board; to change the provisions relating to the expense allowance 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 Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 20, 1986 (Ga. L. 1986, p. 4395), is amended by striking Section 7 of said Act in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. (a) The chairman of the board of commissioners shall receive a salary of $200.00 per month, payable out of the funds of Forsyth County. The compensation of the other members of the board shall be $100.00 per month, payable out of the funds of Forsyth County. (b) The chairman and each member of the board shall receive the sum of $59.00 as an expense allowance for each day's actual attendance at a meeting of the board or any meeting of any other governmental or public board, council, committee, authority, or commission at which said member is representing the Board of Commissioners of Forsyth County or a political subdivision of Forsyth County, but shall

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receive the same for not more than eight days per month. Said expense allowance shall be payable out of the funds of Forsyth County. (c) The chairman and other members of the board shall also be entitled to actual expenses incurred while on business outside of the county, to be payable from the funds of Forsyth County. Section 2 . This Act shall become effective on January 1, 1989. 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 1988 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended; and for other purposes. This 12th day of February, 1988. /s/ Bill H. Barnett Honorable Bill Barnett Representative, 10th District 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 date: February 17, 1988. /s/ Bill H. Barnett Representative, 10th District

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Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. COBB COUNTYTAX COMMISSIONER AND CLERK; COMPENSATION. No. 1078 (House Bill No. 1891). AN ACT To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4482), so as to change the compensation of the tax commissioner and the chief clerk thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4482), is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: Section 3. The tax commissioner shall receive an annual salary of $50,400.00, to be paid in equal monthly installments

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from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be $43,196.00, to be paid in equal monthly installments from the funds of the county treasury. Any candidate for the office of tax commissioner of Cobb County shall, on the date of his qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed by him. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 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. L. 1949 p. 790) as amended; and for other purposes. This the 8th day of Jan. 1988 /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS
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JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herman Clark, 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 date: January 8, 1988. /s/ Herman Clark Representative, 20th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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SPALDING COUNTY WATER AND SEWERAGE FACILITIES AUTHORITYMEMBERS; NUMBER. No. 1079 (House Bill No. 1892). AN ACT To amend an Act creating the Spalding County Water and Sewerage Facilities Authority, approved April 13, 1982 (Ga. L. 1982, p. 4987), so as to change the number of members of said Authority from six to seven members; to fix the terms of office of the seventh member; 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 Spalding County Water and Sewerage Facilities Authority, approved April 13, 1982 (Ga. L. 1982, p. 4987), is amended by adding at the end of Section 2 a new subsection (d) to read as follows: (d) From and after April 30, 1988, the Authority shall be composed of seven members, with the initial term of such seventh member beginning on May 1, 1988, and ending on December 31, 1993, and the governing Authority of Spalding County shall appoint the initial seventh member and shall appoint his successors for six-year terms, with the first such succeeding term beginning on January 1, 1994. If, at the end of any term of office of such seventh member, a successor thereof shall not have been appointed, then the person whose term of office shall have expired shall continue to hold such office as the seventh member of said Authority until his successor shall be duly appointed and qualified to serve. Section 2 . Said Act is further amended by striking and deleting the word Three at the beginning of the fifth sentence of subsection (c) of Section 2, and by inserting in lieu thereof the word Four, so that such subsection, when so amended, shall read as follows:

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(c) Immediately after the passage of this Act and the appointment of the members by the governing body of Spalding County, the members of the Authority shall enter upon their duties, and as soon as is practicable thereafter, they shall hold an organizational meeting. The members of the Authority shall elect one of their number as Chairman and another as Vice Chairman. The members shall also elect a Secretary and a Treasurer, or a Secretary-Treasurer who need not be members of the Authority. An Assistant Secretary may also be elected at the discretion of the Authority. Four members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the Authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the Authority. The members of the Authority shall not be entitled to any compensation for their services, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority may make rules and regulations and adopt by-laws for its own government. The Authority shall have perpetual existence. Section 3 . This Act shall become effective on May 1, 1988. 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 1988 Session of the General Assembly of Georgia a Bill to increase the number of members of the Spalding County Water and Sewerage Facilities Authority, to repeal conflicting laws and for other purposes. This the 15th day of February, 1988. Maureen C. Jackson, as Clerk of the Board of Commissioners of Spalding County, Georgia

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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Suzi Johnson-Herbert, who, on oath, deposes and says that she is Representative from the 76th 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 date: February 19, 1988. /s/ Suzi Johnson-Herbert Representative, 76th District Sworn to and subscribed before me, this 25th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. CHATHAM AREA TRANSIT AUTHORITYCONTRACT AND CHARTER SERVICE; EXCLUSION OF TOWN OF VERNONBURG FROM AUTHORITY. No. 1080 (House Bill No. 1901). AN ACT To amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), so as to provide that designation of special districts for transit services shall not prohibit provision of contract or charter bus service by the Authority; to authorize the Town of Vernonburg to exclude itself from the Chatham Area Transit Authority; to provide for all related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), is amended by striking Section 3.2 in its entirety and inserting in lieu thereof a new Section 3.2 to read as follows: Section 3.2. Area served. No area within Chatham County shall be served by the Chatham Area Transit Authority unless it is part of a special district for transit services created by the Board of Commissioners of Chatham County as provided by law and as authorized by Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia. All areas of Chatham County which are included within a special district for transit services shall be served by the transit system of the Authority on a reasonable basis throughout such special district. No provision of this Section 3.2, or of this Act, shall be construed to prohibit contract or charter bus service by the Authority to any area within Chatham County, provided the revenue paid by the contracting or chartering party to the Authority in consideration for any such contract or charter service is not less than the actual cost to the Authority of providing such contract or charter service, including overhead and fixed costs of operation. Section 2 . Said Act is further amended by adding a new Section 3.2A to read as follows: 3.2A. Notwithstanding any other provision of law, the Town of Vernonburg may exclude itself from any coverage or association with the Chatham Area Transit Authority by a resolution adopted for that purpose within 90 days after the effective date of this Act and approved by a minimum of two-thirds of the town's governing authority. Upon adoption and approval of such resolution and its transmission to the Board of Commissioners of Chatham County, the Town of Vernonburg shall be excluded from the special district for transit services created by the Board of Commissioners of Chatham County. Section 3 . All laws and parts of laws in conflict with this Act are repealed.

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LEGAL ADVERTISEMENT NOTICE is hereby given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a Bill amending the Chatham Area Transit Authority Act, approved March 28, 1986 (Ga. L. 1986, p. 5082), so as to permit charter bus service throughout Chatham County, to permit transit service in more than one special district for transit services, and for other purposes. This 27th day of January, 1988. Charles W. Barrow County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Triplett, who, on oath, deposes and says that he is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News and Savannah Evening Press which is the official organ of Chatham County, on the following date: January 29, 1988. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me, this 4th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

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CITY OF LOGANVILLENEW CHARTER. No. 1081 (House Bill No. 1903). AN ACT To reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to provide for the municipal court of the city; to provide for the elections for city offices; to provide for taxation by the city and the financial management of the city; to provide for bonds, ordinances, and pending matters; to provide for practices, procedures, powers, duties, and authority; to provide for employees and officers of the city; to provide for penalties; to provide for related matters; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Article I Incorporation and Powers Section 1.10 . Incorporation. The City of Loganville in the counties of Walton and Gwinnett 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 Loganville. References in this charter to the city or this city refer to the City of Loganville. 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. Alterations of the boundaries of the city may be made from time to time in a manner provided by law. The boundaries of the city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: Official Map of the Corporate Limits of the City of Loganville, Georgia. Photographic, typed, or other copies of such map certified by the city clerk shall be admitted

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as 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 by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. Section 1.12 . Powers and construction. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. (b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. Section 1.13 . Examples of powers. The powers of the 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 interest 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;

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(8) Condemnation: to condemn property inside or outside the city for present or future use; (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 building, 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;

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(21) Public hazards: to provide for the destruction or removal of public hazards; (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;

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(36) Police and fire protection: to exercise the power of arrest through appointed policemen and to operate a fire department; (37) Emergencies: to provide for determining, proclaming, and combatting 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 or 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 the city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six

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councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. The mayor and councilmembers who are in office on the effective date of this charter shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. Section 2.11 . City council terms and qualification for office. The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she is a qualified municipal voter. No person shall be eligible to serve to serve as councilmember unless he or she is at least 18 years of age and has been a resident of the city for at least two years immediately prior to the date of his or her election. No person shall be eligible to serve as mayor unless he or she is at least 21 years of age and has been a resident of the city for at least two years immediately prior to his or her election. The mayor and each councilmember shall continue to reside in the city during their period of service. Section 2.12 . Vacancy; filling of vacancies. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term as provided for in Article V. Section 2.13 . Compensation and expenses. (a) Until changed as provided in subsection (b) of this section, the mayor and councilmembers 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 may be changed by ordinance and, without limiting the generality of the foregoing, additional compensation may be provided by ordinance for the councilmember who serves as vice-mayor. Any ordinance providing for an increase in compensation shall be subject to Code Section 36-35-4 of the Official Code of Georgia Annotated, or any similar law hereafter enacted.

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(c) The mayor and councilmembers shall be entitled, if authorized by the council, 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 or other authorization by the council, the mayor or any councilmember 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 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 interests 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 or authorized by council;

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(5) Represent other private interest in any action or proceeding against the city or any protion 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 or which would enrich any one's personal gain. (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 councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before 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 of 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 viodable 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

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employment in, a position in the city government for a period of 12 months 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 the city as provided by Article I. Section 2.18 . Organization meeting. The city council shall meet for organization on the second Thursday in January of each year or 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: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or councilmember as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.19 . Regular meetings as prescribed and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence or in writing. Only the business stated in the call may be transacted at the special meeting.

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(c) All meetings of the city council 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 chairpersons 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. Four councilmembers and the mayor or vice-mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, 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 votes cast shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor, or vice-mayor 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. Every ordinance shall begin with the enacting clause: The Council of the City of Loganville hereby ordains...... (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the city council. (c) Upon passage, all ordinances shall be signed by the mayor, or vice-mayor 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.

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Section 2.23 . Acts of city council. Notwithstanding any other provisions of this charter, acts of the city council which have the force and effect of law may be done by motion or resolution of the city council, except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance 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 councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 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 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 that purpose, all ordinances adopted by the council.

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(b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council 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 Loganville, 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. Section 2.27 . Chief executive officer. The mayor shall be the chief executive of the 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 2.28 . Powers and duties of the mayor. As the chief executive of the city, the mayor shall: (1) 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; (2) Sign all deeds and contracts, except deeds for property sold under execution at public sale; co-sign with city clerk;

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(3) 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; (4) Be clothed with veto power as hereinafter set out; and (5) Call the council together at any time allowed by this charter. Section 2.29 . Vice-mayor. The city council shall elect each year by a majority vote from among its members a vice-mayor who shall assume the duties and powers of the mayor upon the mayor's disability or absence. Section 2.30 . 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 five days write out his objections to such resolution, ordinance, or election and the mayor and council shall, at the next regular or called meeting at which 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 the city. (b) Except as otherwise provided by this charter or general state law or federal law, the directors of departments and other

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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 as the council directs 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 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 appointed authority, term of office, or manner of appointment is prescribed by this charter, a local Act, 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 other local law, 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

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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 chairperson and one member as vice-chairperson 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 clerk of the city. Section 3.12 . City attorney. (a) 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 the position as city attorney. (b) In the event the city attorney has a conflict of interest in representing the city on any particular matter or otherwise feels that he or she cannot adequately or properly represent the city, he or she shall so inform the city council and the city council shall be authorized to hire another attorney to represent the city in the matter in which the city attorney has disqualified himself or herself. Section 3.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. In the event that the

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position of city manager is created as authorized by Section 3.14 of this Act, the city council may by ordinance abolish the position of city clerk and provide that the duties of the city clerk be performed by the city manager. Section 3.14 . City manager. (a) The council may appoint a city manager who shall serve at the pleasure of the council. For so long as there is a city manager in office, all references in this charter to city clerk may be read to refer to the city manager as decided by ordinance. (b) The city manager shall be appointed with the regard to merit only and need not be a resident of the city when appointed. The city manager shall hold office at the pleasure of the city council and shall receive such compensation as the city council shall determine. The city manager may reside outside the city while in office only with the approval of the city council. (c) The city manager shall: (1) See that the laws of the state and the ordinances, resolutions, rules, and regulations of the city are faithfully executed and enforced; (2) Recommend for adoption any measure deemed expedient; (3) Make reports to the mayor and council from time to time upon the affairs of the city and keep the mayor and council fully advised of the city's financial condition and its future financial needs; (4) Appoint and suspend all city employees, as permitted by ordinance or prior approval by mayor and council as duly reported in the minutes, in accordance with such general personnel rules, regulations, policies, or ordinances as the mayor and council may adopt; (5) Prepare and submit a proposed annual budget and capital program to the mayor and council after review and approval by the budget committee in accordance with recommendation of the audit; (6) Direct and supervise the administration of all departments, properties, and operations of the city, except

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the police department or as otherwise provided by this Act or general law; (7) Investigate the affairs, records, accounts, and expenditures of the various commissions and boards created by the City of Loganville and report thereon at least once a year to the mayor and council; (8) Have a right to request the counsel, advice, or opinion of the city attorney after receiving approval by the mayor and council concerning any matter affecting the interest of the city; and it shall be the duty of the city attorney to respond to such request to the best of his or her ability; (9) Act in a liaison capacity on behalf of the mayor and council with boards, offices, agencies, and commissions of the city; and (10) Exercise any other powers and perform any other duties required or authorized by the mayor and council and not inconsistent with this charter, including if it so directs the implementation of the land use ordinance. (d) The city clerk shall be responsible, except as otherwise directed by the mayor and council, for setting the agenda, taking the minutes of the city council and committee meetings, setting the days and advertising city elections and special elections or referendums (except as otherwise controlled by state law), and assuring that the city list of electors is current, and such other responsibilities as directed by the mayor and council. (e) The mayor and council may remove the city manager from office in accordance with the following procedures: (1) The affirmative votes of the majority of council-members present shall be required to adopt a preliminary resolution setting forth reasons for the removal of the city manager; (2) The resolution may also provide for the suspension of the city manager for a period not to exceed 30 days;

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(3) A certified copy of the resolution shall promptly be served on the city manager; (4) A public hearing shall be held if a written request therefor is field by the city manager with the city clerk, or with the mayor in the event the city clerk and city manager are the same person, not later than five days after service upon him or her of a certified copy of the preliminary resolution; (5) The public hearing, if requested, shall be held at a regularly scheduled council meeting not less than 15 days nor later than 30 days after the request is filed. The city manager may file with the city clerk a response to the preliminary removal resolution not later than three days prior to the public hearing; (6) The affirmative votes of the majority of the council present shall be required to adopt a final resolution of removal, which may be made effective immediately. Such a final resolution of removal may be made at any time after five days from the date when a certified copy of the preliminary resolution was served on the city manager if no public hearing has been requested in writing or at any time after the public hearing if a request therefor has been properly filed; (7) The city manager shall be entitled to receive his or her salary up until the effective date of a final resolution of removal; and (8) The action of the mayor and council in suspending or removing a city manager shall not be subject to review by any court or agency except for the determination of constitutional questions. (f) In the event of the absence or disability of the city manager or a vacancy in the office, the mayor and council shall appoint an acting city manager to serve until the return of the city manager or the removal of the disability or until the vacancy in office shall have been regularly filled. An acting city manager shall take the same oath, exercise all of the powers, and discharge all of the duties of the city manager.

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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 (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 Loganville. 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 judge on the municipal court unless he or she shall have attained the age of 21 years and is a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judges shall be fixed by mayor and council. (d) Judges serve at the pleasure of the majority of the council.

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(e) Before entering on the 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 the mayor and council or as the presiding judge shall decide in order to meet the ends of justice. 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 $200.00 or 20 days in jail or as provided by state law. (c) The municipal 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 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 12 months. (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 of 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

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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 clerk of the municipal court are authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city. (i) Each judge of the municipal court shall have the same authority as a magistrate 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 the city granted by general state law to municipal 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 Walton or Gwinnett 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

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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 Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code. Section 5.11 . Regular elections; time for holding. (a) On the first Thursday in December, 1988, and on that day annually thereafter, there shall be an election for successors to those councilmembers whose terms will expire the following January and the mayor, if applicable. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. (b) The candidate for mayor who receives a majority of votes cast in said election and the three candidates receiving the largest number of votes cast for the position of councilmember shall be elected for terms of office of two years each and until their successors are duly elected and qualified. Section 5.12 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office. However, if such a vacancy in the office of mayor occurs within six months of the expiration of the term of that office, the vice-mayor shall assume the office of mayor. If a vacancy occurs in the council within six months of the expiration of that term of office, then the position will remain vacant for the remainder of the term. However, if at any time there are more than two vacancies on the council and not enough time to have a special election, then the council shall fill the vacancies by majority vote. In all other respects, the special election shall

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be held and conducted in accordance with Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as 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. 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 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 the city or who practice

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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 necessitate. 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 garbage, sewer, sanitary, health services, or any other services rendered within and outside 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, 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. The city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. Section 6.18 . 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

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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 January 31 of the following year in which the loan was obtained unless otherwise provided by present or future state law. Section 6.22 . Fiscal year. The fiscal year shall be from July 1 to June 30 or as the city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law. Section 6.23 . 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

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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 of allotments thereof to which it is chargeable unless by a majority vote of the city council. (d) There shall be a yearly inventory of all city property required at the time the budget is approved. 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 the 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. 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:

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(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 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 the city, both elective and appointive, shall execute such official

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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 of Loganville 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 . Effective date. This Act shall become effective on July 1, 1988. Section 7.14 . Repealer. An Act incorporating the City of Loganville in Walton and Gwinnett counties, approved April 7, 1972 (Ga. L. 1972, p. 4061), 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 Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to reincorporate and provide a new charter for the City of Loganville; and for other purposes. This 24th day of February, 1988. STATE REPRESENTATIVES Tyronne Carrell John Mobley GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on

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oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following date: February 26, 1988. /s/ Tyrone Carrell Representative, 65th District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to reincorporate and provide a new charter for the City of Loganville; and for other purposes. This 24th day of February, 1988. /s/ JOHN MOBLEY /s/ TYRONE CARRELL STATE REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tyrone Carrell, who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: February 26, 1988. /s/ Tyrone Carrell Representative, 65th District

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Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. FLOYD COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1082 (House Bill No. 1904). AN ACT To amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), so as to change the amount of the exemption and the income limits for qualification for such exemption; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Each resident of the Floyd County School District who is 62 years of age or over is granted a $10,000.00

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exemption on that person's homestead from Floyd County School District ad valorem taxes for educational purposes, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed for the immediately preceding year an amount which is the greater of $16,000.00 or the income amount specified by the general law exemption. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 2 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 3 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Floyd County School District for approval or rejection. The election superintendent shall conduct that election on the date of the August, 1988, primary and shall issue the call therefor not less than 30 nor more than 90 days prior to that date. 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 Floyd County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a $10,000.00 homestead exemption from Floyd County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section,

Page 4858

the remaining sections of this Act shall not become effective and this Act shall be immediately repealed following that election date. The expense of such election shall be borne by Floyd County. It shall be the superintendent's 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 to at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act providing for a homestead exemption from Floyd County School Districts ad valorem taxes for certain residents of that school district who are 62 years or over and who have a annual incomes not exceeding $10,000.00, approved March 28, 1986 (Ga. L. 1986, 5057); to provide for an increase in the amount of such exemption and such income limitations; to provide for a referendum; and for other purposes. ED HINE E. M. CHILDERS FORREST MCKELVEY PAUL SMITH GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Childers, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following date: February 18 and 25, 1988. /s/ E. M. Childers Representative, 15th District

Page 4859

Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988. TOWNS COUNTYMAGISTRATE COURT; JUDGE OF PROBATE COURT AS CHIEF MAGISTRATE; COMPENSATION. No. 1083 (House Bill No. 1908). AN ACT To amend an Act providing that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4139), so as to change the provisions relating to the compensation of the judge of the probate court for serving as chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County, approved March 14, 1984 (Ga. L. 1984, p. 4139), is amended by striking subsection (b) of Section 1 of said Act and inserting in lieu thereof a new subsection (b) to read as follows: (b) The chief magistrate of Towns County shall receive, in addition to the annual salary provided by law to the judge of the Probate Court of Towns County, compensation for serving as chief magistrate as provided in Article 2 of Chapter

Page 4860

10 of Title 15 of the Official Code of Georgia Annotated, as now or hereafter amended. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such 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 1988 session of the General Assembly of Georgia a bill to amend an act providing that the Judge of the Probate Court of Towns County shall also serve as the Chief Magistrate of Towns County approved March 14, 1984 (Ga. L. 1984, page 4139), and for other purposes. This 23rd day of Feb., 1988. 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 date: February 25, 1988. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4861

CITY OF HAZLEHURSTADVISORY REFERENDUM REGARDING SALES OF BEER AND WINE. No. 1084 (House Bill No. 1910). AN ACT To amend an Act providing a new charter for the City of Hazelhurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as amended, so as to provide for an advisory referendum election to be held in the City of Hazelhurst for the purpose of ascertaining whether or not the authorization of sales of beer and wine within the corporate limits of the city is preferred by the electors of such city; to provide for legislative findings and declarations; to provide for procedures and requirements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing a new charter for the City of Hazelhurst, approved December 22, 1953 (Ga. L. 1953, Nov._Dec. Sess., p. 2925), as amended, is amended by adding a new section immediately following Section 31, to be designated Section 31A, to read as follows: Section 31A. (a) It is the purpose of this section to provide for an advisory referendum within the City of Hazelhurst to determine whether or not the authorization of sales of beer and wine within the corporate limits of the City of Hazelhurst is preferred by the electors of such city. (b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Hazelhurst shall call and conduct an advisory election as provided in this section for the purpose of determining whether or not the authorization of sales of beer and wine within the corporate limits of such city is preferred by a majority of the electors voting at such election. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1988, state-wide primary and shall issue the call therefor not less than 30 nor more

Page 4862

than 60 days prior to that date. 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 Jeff Davis County. The ballot shall have written or printed thereon the following: Advisory Referendum Election () YES () NO Should the sale of beer and wine within the corporate limits of the City of Hazlehurst be authorized?' (c) It shall be the duty of the election superintendent of the City of Hazelhurst to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of such election superintendent to certify the results of such election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Jeff Davis County. The expense of such election shall be borne by the City of Hazelhurst. (d) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of the City of Hazelhurst and is a public purpose and an essential governmental function for which public funds may be expended. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an act providing a new charter for the City of Hazlehurst, approved Dec. 22, 1953 (GAL 1953, November-December Sess., Page 2925), as amended, so as to provide for an advisory referendum election to be held in the City of Hazlehurst for the purpose of ascertaining whether or not the authorization of sales of beer

Page 4863

and wine within the corporate city limits of the city is preferred by the electors of such city; to provide for legislative findings and declarations; to provide for procedures and requirements; to provide for other matters relative to the forgoing; and for other purposes. 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 Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following date: February 24, 1988. /s/ Roger Byrd Representative, 153rd District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved March 24, 1988.

Page 4864

GWINNETT COUNTYMAGISTRATE COURT; FEES. No. 1119 (Senate Bill No. 590). AN ACT To provide for the collection of additional fees in cases before the Magistrate Court of Gwinnett County as law library fees; to provide for the amount of such fees; to provide for practices and procedures relating to the collection and remittance of such fees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . In addition to all other legal costs, a fee not to exceed $2.00 shall be charged and collected as law library fees for each case filed in the Magistrate Court of Gwinnett County. The chief magistrate or, if so designated by the chief magistrate, the clerk of the magistrate court shall collect the law library fees authorized by this section and shall remit such fees to the treasurer of the board of trustees of the Gwinnett County law library on or before the tenth day of the month immediately following the month in which such fees are collected. A case, within the meaning of this section, shall mean and be construed as any civil or criminal matter which is docketed upon the official docket of the Magistrate Court of Gwinnett County and to which a number is assigned whether such matter is contested or not. The amount of such fees shall be determined by the chief judge of the Superior Court of Gwinnett 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 such 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 of the intent to introduce at the January, 1988 session of the General Assembly of the State of Georgia,

Page 4865

a bill to be entitled an act to provide for the collection of additional fees in cases before the Magistrate Court of Gwinnett County as law library fees; to provide for the amount of such fees; to provide for practices and procedures relating to the collection and remittance of such fees; to provide an effective date; to repeal conflicting laws; and for other purposes. THE BOARD OF TRUSTEES OF THE GWINNETT COUNTY LAW LIBRARY Jan. 22-1tc G 5484 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: January 22, 1988. /s/ Donn M. Peevy Senator, 48th District Sworn to and subscribed before me, this 2nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988.

Page 4866

CITY OF HAPEVILLEHOMESTEAD EXEMPTION; REFERENDUM. No. 1120 (Senate Bill No. 653). AN ACT To provide for a $10,000.00 homestead exemption from all City of Hapeville ad valorem taxes for residents of that city; to provide for a definition; to provide for procedures relative thereto; to provide for effectiveness; to provide for a referendum; to repeal a previously existing homestead exemption; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term homestead means such term as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2 . Each resident of the City of Hapeville is granted an exemption on that person's homestead from all City of Hapeville ad valorem taxes in the amount of $10,000.00. The value of the homestead in excess of the exempted amount shall remain subject to taxation. Section 3 . The governing authority of the City of Hapeville may by ordinance provide the procedures and requirements necessary for the proper administration of the homestead exemption provided for by this Act. Section 4 . The exemption granted by this Act shall not apply to or affect any county school taxes, state taxes, or county taxes for county purposes. Section 5 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1988. Section 6 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Hapeville shall call and conduct an election as provided

Page 4867

in this section for the purpose of submitting this Act to the electors of the City of Hapeville for approval or rejection. The election superintendent shall conduct that election on November 8, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 be approved which provides a $10,000.00 homestead exemption from all City of Hapeville ad valorem taxes for residents of that city? 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 immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Hapeville. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 7 . The homestead exemption applicable to City of Hapeville ad valorem taxes set forth in a constitutional amendment ratified at the 1974 general election (Ga. L. 1974, p. 1686), which was continued in force as statutory law by Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia, shall stand repealed in its entirety on January 1, 1989, if this Act is approved in the referendum provided for in Section 6 of this Act. Section 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION

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Notice is hereby given that the City of Hapeville, Georgia, pursuant to resolution duly adopted by its Mayor and Council, intends to apply for the passage of local legislation in the 1988 regular session of the General Assembly of Georgia, which convenes in January, 1988. The Title of the Bill or Bills to be introduced shall be entitled as follows: An Act to increase the homestead exemption on the assessed valuation of residential owner-occupied properties and for other purposes. This 15th day of January, 1988. City of Hapeville Georgia Frank E Coggin Attorney for the City of Hapeville 1705 Virginia Ave College Park, GA 30337 Jan 20 1988x8 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Langford, Jr., 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 official organ of Fulton County, on the following date: January 20, 1988. /s/ Arthur Langford, Jr. Senator, 35th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988.

Page 4869

FULTON COUNTYMEDICAL EXAMINER; POWERS; INVESTIGATIONS. No. 1121 (Senate Bill No. 655). AN ACT To amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, approved March 24, 1965 (Ga. L. 1965, p. 2497), so as to provide additional powers for the medical examiner of Fulton County; to provide for compelling the attendance of witnesses and for the production of evidence; to provide for investigations and post-mortem examinations and requirements relative to hearings and records in connection therewith; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, approved March 24, 1965 (Ga. L. 1965, p. 2497), is amended by adding immediately following Section 5 a new Section 5A to read as follows: Section 5A. (a) The medical examiner of Fulton County or any assistant medical examiner of said county shall have the power to summon and compel the attendance of witnesses to testify in relation to any investigation or post-mortem examination which the medical examiner is authorized to conduct pursuant to the laws of this state and to issue subpoenas for the production of evidence, including but not limited to books, papers, documents, or tangible things which are material and relevant to such investigation or examination. The medical examiner of Fulton County or said officer's designee shall have the authority to administer oaths to any person who appears at any hearing conducted pursuant to any such investigation or examination. (b) Should any person fail to comply with any subpoena issued pursuant to the authority of this section, the medical

Page 4870

examiner of Fulton County may apply to the Superior Court of Fulton County for an order requiring such person to comply with such subpoena. In any such proceeding, the county attorney or the District Attorney of the Atlanta Judicial Circuit may bring the action on behalf of the medical examiner. (c) Any hearing conducted by the medical examiner of Fulton County pursuant to the authority of this section shall be conducted in accordance with the provisions of Chapter 13 of Title 50 of the O.C.G.A., known as the `Georgia Administrative Procedure Act,' except as otherwise provided in this section. (d) (1) In any investigation or post-mortem examination in which the medical examiner of Fulton County has made a preliminary determination that there is reason to believe that the person died as a result of the commission of a crime, any hearings related to such investigation or examination shall not be subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., relating to the conduct of meetings by public agencies, and any records related to such investigation or examination shall not be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records, until such time as the case has been closed or 25 years, whichever is earlier. (2) In any investigation conducted pursuant to this section, any findings of fact by the medical examiner of Fulton County shall be binding in any subsequent civil action on any person who was a party to the proceeding. 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 1988 session of the General Assembly of Georgia a bill to amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, approved March 24, 1965 (Ga. L. 1965, p. 2497); and for other purposes.

Page 4871

This 5th day of February, 1988. ARTHUR LANGFORD Senator 35th District Feb 5 1988req-7 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Langford, Jr., 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 official organ of Fulton County, on the following date: February 5, 1988. /s/ Arthur Langford, Jr. Senator, 35th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988.

Page 4872

MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY EMPLOYEES' PENSION PLANBENEFITS. No. 1122 (Senate Bill No. 661). AN ACT To amend an Act known as Macon-Bibb County Water Sewerage Authority Act Amended, approved February 8, 1974 (Georgia Laws 1974, page 2031, et seq.) and to amend an ordinance of the City of Macon, Georgia, entitled An Ordinance to amend the Charter of the City of Macon whereby all of the property and assets, real and personal, under the custody and control of the Board of Water Commissioners, or utilized heretofore by the Water Board in its water and sanitary sewerage activities, be transferred to the Macon-Bibb County Water and Sewerage Authority, approved May 11, 1974, passed and approved pursuant to the authority of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298, et seq.), as amended, Section 69.1017, et seq., 1933 Code of Georgia Annotated, published in Georgia Laws 1975, page 4871, et seq.; 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 an Act of the Georgia Legislature (Georgia Laws 1981, page 3464, et seq.) changing the name of the Pension Plan of said Authority from the name The Board of Water Commissioners' Pension Plan to The Macon-Bibb County Water Sewerage Authority Employees' Pension Plan, so as to define the term compensation; to increase the retirement benefits from 1 1/3% to 1.50% of final average monthly earnings times years of service; to provide for increased benefits for members having thirty (30) or more years of service; to provide that a member of the Plan who has thirty (30) years of service and has attained the age of fifty-five (55) years may retire and receive full benefits; to change the composition of the pension Committee, provide for election of members to the committee and provide for meetings of the Committee; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4873

Section 1 . Section 2 of an Act entitled Macon-Water Commissioners Pension Plan, approved December 30, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2831, et seq.), as amended, is amended by adding the following paragraph at the end thereof: For all purposes hereof, the term `compensation' shall not include any bonuses payable to members of the Plan. Section 2 . Section 6 of said Act approved December 30, 1953, as amended, is amended by striking paragraphs (1) and (2) of subsection (a) and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) Upon reaching sixty-three (63) years of age, a member of the plan shall be entitled to retirement benefits in an amount equal to the product of the percentages set forth in the tables below for each year of service times the total final average monthly earnings: Year of Service Percentage 130 1.500% 31 1.525% 32 1.550% 33 1.575% 34 1.600% 35 1.625% 36 1.650% 37 1.675% 38 1.700% 39 1.725% 40 or more 1.750% (2) Any member who is permanently and totally disabled after five continuous years of service and who is unable to efficiently perform the particular duties required by his job shall be entitled to a monthly disability retirement allowance equal to one and one-half percent (1.50%) of his final average monthly earnings times his number of years of service; such amount in no event to be less than $3.00 per month for each year of continuous service; provided, however, that for years of service of thirty (30) or more the member shall be entitled to benefits calculated in accordance with the schedule set forth in paragraph (1) above. Such allowance

Page 4874

shall be paid as calculated and in full until the member dies. Section 3 . Section 6 of said Act approved December 30, 1953, as amended, is amended by adding at the end of subsection (a) a new paragraph (13) to read as follows: (13) Any member who has thirty (30) or more years of service as defined in subsection (c) of Section 2 of this Act and has attained the age of fifty-five (55) years may retire, at his option, and shall receive benefits without actuarial reduction to which he would have been entitled under this Act as if he had retired at sixty-three (63) years of age on the date of such optional retirement, including such benefits as would otherwise have been payable to his surviving spouse, legatees, or surviving heirs at law, all as provided in the plan. Section 4 . Section 7 of said Act approved December 30, 1953, as amended, is amended by striking said Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Rules and Regulations. Pension Committee. The board shall have full power and authority to pass all reasonable rules and regulations not inconsistent with the provisions of this Act. A committee to be known as the `Pension Committee,' composed of six (6) members, shall administer the terms of this Act, the pension plan provided hereby, and such rules and regulations as may be prescribed by the Board, whose decisions upon any questions concerning the Act, the plan, or such rules and regulations shall be final, conclusive and determinative of the question or questions involved and of the rights of the party or parties affected. The Board shall nominate three (3) of its members to the Committee, and the official and employee members of the pension plan shall elect and certify to the Board three (3) members who shall serve on the Committee for terms of four years or until their successors are elected. The members shall meet on the first Monday in April beginning in

Page 4875

1988 and each four years thereafter for the purpose of electing the members to the Committee, and they shall meet to elect any new member required to fill any unexpired term created by a vacancy in office. In the event of equal division of opinion of the Committee on any matter properly brought before it, the Chief Judge of the Macon Judicial Circuit, or his designee, shall be consulted and shall cast the deciding vote. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. AD NUMBER 766845 Local Legislation Notice GEORGIA, BIBB COUNTY Notice of Intention to Introduce Local Legislation Pursuant to Official Code of Georgia Section 28-1-14 notice is hereby given that application will be made to the 1988 session of the General Assembly of the State of Georgia to amend an Act known as Macon-Bibb County Water Sewerage Authority Act Amended approved February 8, 1974 (Georgia Laws 1974, page 2031, et seq.); to amend an Ordinance of the City of Macon approved May 11, 1974, (Georgia Laws 1975, page 4871, et seq.); 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 an Act of the Georgia Legislature (Georgia Laws 1981, page 3464, et seq.) changing the name of the Pension Plan of said Authority from The Board of Water Commissioners' Pension Plan to The Macon-Bibb County Water Sewerage Authority Employees' Pension Plan, so as to provide that a member of the Plan who has thirty (30) years of service and has attained the age of fifty-five (55) years may retire and receive full benefits; to define the term compensation; to increase the retirement benefit from 1 1/3% to 1.50% of final average monthly earnings times years of service; to provide for increased benefits for members having 30 or more years of service; and to change the composition of the Pension Committee, election of members to the Committee and meetings of the Committee.

Page 4876

This 28th day of January, 1988. MACON-BIBB COUNTY WATER SEWERAGE AUTHORITY BY: CHARLES M. CORK, JR. ATTORNEY FOR MACON-BIBB COUNTY WATER SEWERAGE AUTHORITY 02/01/88 - 766845 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT AND THAT ADVERTISEMENT AS PER ATTACHED HAS BEEN PUBLISHED IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 02/01/88 SIGNED: Jim Huntsinger/KD SWORN TO AND SUBSCRIBED BEFORE ME THIS 01 day of FEBRUARY, 1988 /s/ Pamela G. McQueen NOTARY PUBLIC, BIBB COUNTY GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 JONES, CORK MILLER 500 Trust Company Bank Bldg. Macon, GA 31298 Approved March 28, 1988.

Page 4877

JONES COUNTYBOARD OF COMMISSIONERS; PURCHASES; BIDS. No. 1123 (Senate Bill No. 669). AN ACT To amend an Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows: Section 15. All purchases of supplies, equipment, and other materials and services in an amount in excess of $5,000.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Jones County one time before the date of purchase. The board shall obtain at least three competitive bids, and the board shall accept the best bid in accordance with the terms of the advertisement. The provisions of this section shall not apply to emergency purchases or repairs. No purchase by the county shall be made from a relative of a member of the board within the first degree of kinship, except by sealed bid as hereinabove provided. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Legislation There will be introduced at the regular 1988 session of the Georgia General Assembly a bill to amend an Act creating a

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new Board of Commissioners dated March 5, 1974 (Ga. L. 1974, p. 2162), as amended, requiring bidding requirements; and for other purposes. This 1st day of February, 1988. State Senator Culver Kidd AFFADAVIT OF PUBLICATION I, G.B. Moore, III, publisher of The Jones County News, do certify that publication of Notice of Intention to Introduce Legislation (2) advertisement was published in said newspaper, the official organ of Jones County, Georgia on Feb. 4, 1988 /s/ G.B. Moore, III, Publisher Sworn to and subscribed before me this 16 day of Feb., 1988 /s/ T Moore Notary Public 2/12/89 Approved March 28, 1988. JONES COUNTYBOARD OF COMMISSIONERS; LEASES. No. 1124 (Senate Bill No. 670). AN ACT To amend an Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to authorize the board of commissioners to lease certain county owned property; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by adding between Sections 15 and 16 a new Section 15A to read as follows: Section 15A. The board of commissioners of Jones County is authorized to lease the county owned property known as the Jonesco Golf Course for a period not to exceed ten years and upon such terms and conditions as the said governing authority shall, in its discretion, determine to be in the best interest of Jones County. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Legislation There will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to amend an Act creating a new Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), so as to authorize the governing authority of the county to lease certain county-owned property known as Jonesco Golf Course; and for other purposes. This 1st day of February, 1988. State Senator Culver Kidd 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 date: February 4, 1988. /s/ Culver Kidd Senator, 25th District

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Sworn to and subscribed before me, this 18th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988. LUMPKIN COUNTYSCHOOL DISTRICT; HOMESTEAD EXEMPTION; REFERENDUM. No. 1125 (Senate Bill No. 674). AN ACT To provide a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Lumpkin County School District, including but not limited to taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Income means Georgia taxable net income from all sources of both claimant and spouse.

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Section 2 . (a) Each resident of the Lumpkin County School District who is 62 years of age or over and who meets the requirements of subsection (b) of this section is granted an exemption on that resident's homestead from all Lumpkin County School District ad valorem taxes for educational purposes in the amount of $15,000.00. (b) The exemption provided by subsection (a) of this section shall not be granted unless the resident has owned and resided at the resident's homestead for at least the immediately preceding 48 months and unless the resident's income, together with the income of the resident's spouse who also resides within such homestead, does not exceed for the immediately preceding year the amount of $12,000.00. The value of the homestead in excess of the amount exempted by subsection (a) of this section shall remain subject to taxation. Section 3 . The tax commissioner of Lumpkin County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit by the owner as to the age of the owner, the income of the owner, the income of the owner's spouse residing within the homestead, the length of residency at the homestead, and such other information as may be necessary to determine eligibility of the owner for the exemption. Section 4 . Applications for the homestead exemption provided for in this Act shall be processed in the same manner as other applications for homestead exemptions, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has been granted the exemption granted by this Act, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person; provided, however, it shall be the duty of any person who has been granted the homestead exemption provided for by this Act to notify the tax commissioner in the event such person becomes ineligible for any reason to receive such homestead exemption. Section 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.

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Section 6 . The homestead exemption provided for by this Act shall be in lieu of and not in addition to the homestead exemption from school district ad valorem taxes for persons 62 years of age or over which is provided for by Code Section 48-5-52 of the O.C.G.A. Section 7 . The exemption granted by this Act shall apply to all taxable years beginning on and after January 1, 1989. Section 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lumpkin County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Lumpkin County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989. The expense of such election shall be borne by Lumpkin County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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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 1988 session of the General Assembly of Georgia a bill relative to a homestead exemption for certain residents of the Lumpkin County School District from ad valorem taxes levied by, for, or on behalf of such school district; to provide for matters relative thereto; to provide for a referendum; and for other purposes. This 16th day of February, 1988. John C. Foster, Senator 50th Senatorial District 2c-2-25 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget which is the official organ of Lumpkin County, on the following date: February 18, 1988. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988.

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FANNIN COUNTYPROBATE COURT; JUDGE; NONPARTISAN ELECTION. No. 1126 (Senate Bill No. 677). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Fannin 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 for 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 Fannin County shall be elected by the qualified voters of Fannin 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 elections laws of Georgia. Section 2 . Beginning with the election held in 1988 and every four years thereafter, 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 by 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

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ballot. In the event no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes for the office shall be in a runoff to be held on the same day as a runoff from the general primary, as provided by state law, to determine which candidate will be 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 such 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 1988 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Fannin County will be nominated and elected on a non-partisan basis; to provide for other matters relative thereto; and for other purposes. This 5th day of February, 1988. Max R. Brannon Senator, 51st District AFFIDAVIT OF PUBLICATION State of Georgia[UNK]S.S. County of Fannin I, Glenn Harbison, 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 said files of said publication the advertisement of Notice of intention to introduce local legislation Notice is given that there will be introduced at the was inserted in

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the Blue Ridge Summit-Post in space of Legal Notices on dates as follows: February 12, 1988 /s/ Glenn Harbison Subscribed and sworn to before me This 12th day of February, 1988 /s/ Phyllis Ross Notary Public, Georgia, State at Large My Commission Expires Jan 21. 1989 Approved March 28, 1988. GILMER COUNTYBOARD OF COMMISSIONERS; CREATION; DISTRICTS; ELECTIONS; POWERS; COUNTY MANAGER; REFERENDUM. No. 1127 (Senate Bill No. 678). AN ACT To create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for commissioner districts; to provide for a chairman; to provide for powers and duties and compensation of members; to provide additional powers for the chairman; to provide for ordinances, rules, and regulations; to provide for a county manager and his powers, duties, and compensation; to provide for purchases; to provide for the disposition of used property; to provide for an orderly transition of office; to repeal a specific Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The commissioner of Gilmer County serving on the effective date of this Act shall continue to serve out the term of office to which he was elected.

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Section 2 . (a) There is established in Gilmer County a board of commissioners, which board shall be the governing authority of said county and shall be composed of five members to be elected as hereinafter provided. (b) For the purpose of electing such members, Gilmer County is divided into five commissioner districts. Commissioner District No. 1 shall be composed of Militia District #850 (Ellijay). Commissioner District No. 2 shall be composed of Militia District #864 (Tickanetley), Militia District #932 (Cartecay), Militia District #1341 (Diamond), Militia District #1355 (Alto), and Militia District #1498 (Bucktown). Commissioner District No. 3 shall be composed of Militia District #1035 (Leaches), Militia District #1091 (Ball Ground), Militia District #1135 (Town Creek), and Militia District #1302 (Coosawattee). Commissioner District No. 4 shall be composed of Militia District #958 (Mountaintown), Militia District #1009 (Tails Creek), and Militia District #1274 (Ridgeway). Commissioner District No. 5 shall be composed of Militia District #907 (Boardtown) and Militia District #1136 (Cherry Log). The board of commissioners shall be composed of one member from each commissioner district. Any person, in order to be eligible for membership on the board to represent a commissioner district, must reside in the district which he represents. A person offering as a candidate for Commissioner District No. 1 shall be offering as a candidate for Post No. 1; a person offering as a candidate for Commissioner District No. 2 shall be offering as a candidate for Post No. 2; a person offering as a candidate for Commissioner District No. 3 shall be offering as a candidate for Post No. 3; a person offering as a candidate for Commissioner District No. 4 shall be offering as a candidate for Post No. 4; and a person offering as a candidate for Commissioner District No. 5 shall be offering as a candidate for Post No. 5. Each member from a commissioner district shall be elected by a majority of

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the qualified voters of the entire county voting in the elections held for that purpose. All such elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (c) The first board of commissioners of Gilmer County, as provided in this section, shall be elected at the general election held in 1988 and shall take office on the first day of January, 1989, for terms of four years and until their successors are elected and qualified; provided, however, that the initial members elected to Posts 4 and 5 at the general election held in 1988 shall serve for initial terms of two years expiring December 31, 1990. Thereafter, successors to members shall be elected at the general election immediately preceding the expiration of the members' 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. (d) (1) In the event a vacancy occurs in the office of any member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent of Gilmer County, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy for the unexpired term. Any such special election shall be governed by the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. In the event a vacancy occurs in the office of any member of said board when six months or less remain before the expiration of the term of office, such vacancy shall not be filled, and the remaining members of the board of commissioners shall constitute the governing authority of Gilmer County until a successor is elected at the next general election. In the event all positions on the board of commissioners become vacant for any reason, the judge of the Probate Court of Gilmer County shall serve as the governing authority of Gilmer County until such vacancies are filled by special election or until new members are elected at the general election as provided in this Act. (2) In addition to any other events creating a vacancy on the board of commissioners, the office of a member of the board shall be immediately vacated if the member moves

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his or her residence from the commissioner district he or she represents. Section 3 . (a) At its first meeting each year, the members of the board of commissioners shall elect, by a majority vote, one of their members to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself or herself as a member of the board and also as chairman of the board. (b) The chairman and other members of the board of commissioners shall be compensated in the amount of $50.00 for each meeting of the board attended, said compensation to be paid quarterly from the funds of Gilmer County. The compensation provided for in this subsection shall constitute the entire compensation from the funds of Gilmer 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 4 . Each member of said board, before entering upon the discharge of his duties as such, shall take and subscribe before the judge of the Probate Court of Gilmer County the following oath, to wit: I do hereby solemnly swear that I will faithfully discharge the duties of commissioner of Gilmer County, Georgia, and that I will uphold to the best of my ability the ordinances and resolutions of Gilmer County, Georgia, and the laws and Constitutions of the State of Georgia and the United States of America, so help me God. Section 5 . Said board of commissioners of Gilmer County shall meet at the courthouse in said county at the discretion of the board, provided that a minimum of two meetings will be held each month. Section 6 . No person shall be eligible to be elected as a member of said board of commissioners unless he is a qualified voter of said county and shall have resided in said county for two years previous to the time of his election.

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Section 7 . All ordinances and resolutions adopted by the commissioner of Gilmer County, Georgia, prior to the effective date of this Act shall remain in full force and effect and are not repealed, modified, or changed by this Act. Section 8 . The board of commissioners of Gilmer County, Georgia, is authorized to enact ordinances, rules, resolutions, and regulations implementing the powers granted by the Constitution and laws of the State of Georgia to the governing authorities of the various counties in the State of Georgia. In addition, the board shall have the following powers and duties: (1) To cause the Code of Ordinances of Gilmer County to be updated at least annually; (2) To maintain, or cause to be maintained, an accurate accounting of all financial affairs of the county and to submit a report thereof to the people annually; (3) To inspect, at least annually, roads, bridges, buildings, or other public works of the county and to submit a report of same to the people; (4) To prepare annually and cause to be filed in the permanent records of the county an inventory of all county property, both real and personal, which inventory shall show the amount of insurance coverage provided for each building, vehicle, or other item of county property; and (5) To undertake and transact such other business as is necessary for the orderly conduct of county affairs. Section 9 . The chairman of the board shall: (1) Preside at all meetings of the board and shall vote the same as other members of the board; (2) Be recognized as the official head of Gilmer County by state, federal, and other authorities for military and ceremonial functions; (3) See that all laws and ordinances of the county are enforced; and

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(4) Perform such other duties as may be required by the board. Section 10 . The board of commissioners shall employ a county manager to carry out such administrative functions as the board of commissioners shall assign or delegate to him. The county manager shall serve at the pleasure of the board and shall be compensated as determined by the board. The manager may also be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Gilmer County. The county manager shall devote his full time to the duties of his office. Section 11 . (a) The board of commissioners may purchase necessary machinery, tools, equipment, supplies, and services (hereinafter referred to collectively as goods and services) for county use. All purchases of goods and services, wherein the purchase price is expected to be in excess of $5,000.00, shall be made by a sealed competitive bid. Notice of the time and place where bids will be received and opened shall be advertised in the local legal organ of the county once each week for two consecutive weeks immediately prior to the opening of such bids. Such notice shall also include a description and specifications of the item or items to be purchased. All bids shall be received in sealed envelopes and shall be opened and thereafter filed for two years in the office of the board of commissioners for public inspection. Goods and services shall be purchased from the lowest responsible bidder and in determining the lowest responsible bidder such factors as distance, past dealings, financial responsibility, expertise, and experience may be taken into consideration. This section shall not apply to the repair of goods. (b) 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

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the official organ of Gilmer 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 may be accepted or rejected at the discretion of the board of commissioners and, if rejected, the sale shall continue from day to day until a satisfactory bid is received. 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 12 . An Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended, is repealed in its entirety. Section 13 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Gilmer County shall call and conduct an election for the purpose of submitting this Act to the electors of Gilmer County for approval or rejection. The election superintendent shall conduct the election on a date prior to May 21, 1988, and shall issue the call therefor not less than 30 days prior to that date. 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 Gilmer County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a five-member board of commissioners for Gilmer County? 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, 2, and 6 shall become of full force and effect immediately and the remaining

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provisions shall become effective January 1, 1989; otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Gilmer County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 14 . 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 1988 session of the General Assembly of Georgia a bill to create a board of commissioners of Gilmer County; to provide for the powers, duties and compensation of the members; to provide that the chairman shall be the administrative officer of the county and have additional powers; to provide for the election of members and terms of office; to provide for ordinances, rules and regulations of the board of commissioners; and for other purposes. This 8th day of February, 1988. (s)Max R. Brannon Senator, 51st District 2/18C 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 Times-Courier which is the official organ of Gilmer County, on the following date: February 18, 1988. /s/ Max Brannon Senator, 51st District

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Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988. GILMER COUNTYBOARD OF EDUCATION; NONPARTISAN ELECTIONS; REFERENDUM. No. 1128 (Senate Bill No. 679). AN ACT To amend an Act providing the method of election of the members of the board of education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), so as to provide for the election of members of the board of education in nonpartisan elections; to provide procedures relative to the nomination and qualification of candidates of said board; to provide for related matters; 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 the method of election of the members of the board of education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), is amended by striking Section 2, which reads as follows: Section 2. Nothing contained in this Act shall affect the terms of office of the members of the Board of Education of Gilmer County who are in office on the effective date of this Act, nor shall any provision of this Act affect the dates and methods of holding elections, except for the method of

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voting for members as provided herein, the filling of vacancies, or any other provision relative to the Gilmer County Board of Education., and inserting in its place a new Section 2 to read as follows: Section 2. (a) The members serving on the board of education of Gilmer County on the effective date of this Act shall continue to serve out their terms of office. (b) (1) Successors to the members of the board of education from Education Districts 1, 2, and 3 whose terms expire December 31, 1992, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1992. They 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. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (2) Successors to the members of the board of education from Education Districts 4 and 5 whose terms expire December 31, 1990, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1990. They 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. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (c) Each member of the board of education shall be nominated and elected at nonpartisan primaries and elections

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as provided in Code Section 21-2-284.1 and other applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gilmer County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gilmer County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in August, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Gilmer County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that the members of the board of education of Gilmer County shall be elected in nonpartisan elections? 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 Gilmer 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 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 1988 session of the General Assembly of Georgia a bill to amend

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an Act providing the method of election of the members of the board of education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471); to provide for a referendum; and for other purposes. This 8th day of February, 1988. (s)Max R. Brannon Senator, 51st District 2/18C 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 Times-Courier which is the official organ of Gilmer County, on the following date: February 18, 1988. /s/ Max Brannon Senator, 51st District Sworn to and subscribed before me, this 22nd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988.

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PIERCE COUNTYSCHOOL DISTRICT; SUPERINTENDENT; APPOINTMENT; REFERENDUM. No. 1129 (Senate Bill No. 681). AN ACT To provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The school superintendent of the Pierce County School District in office on the effective date of this section shall serve out the term of office for which he was elected. Thereafter, future school superintendents of the Pierce County School District shall be appointed by the board of education of Pierce County rather than elected; and no election for school superintendent of the Pierce County School District shall be held. In the event of a vacancy in the office of school superintendent on or after the effective date of this section, the vacancy shall be filled by appointment as provided in this Act. Section 2 . The board of education may appoint the school superintendent to serve at the pleasure of the board of education or may provide the school superintendent with a contract of employment for a fixed term of up to four years. Any such contract shall provide, however, that the school superintendent may be removed from office in any manner specified by law; and any such contract may provide for any additional method for removal of the school superintendent for cause, after notice and opportunity for hearing. Section 3 . Except as otherwise provided in this Act, the school superintendent shall be subject to all general laws of this state relating to school superintendents. Section 4 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended,

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and under the general laws of this state, the election superintendent of Pierce County shall call and conduct an election for the purpose of submitting this Act to the electors of the Pierce County School District for approval or rejection. 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 Pierce County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that future school superintendents of the Pierce County School District shall be appointed by the board of education? 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 immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by Pierce County. It shall be the superintendent's 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 OF INTENTION TO INTRODUCE LOCAL LEGISTLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide that the county school superintendent of Pierce County shall be appointed by vote of the board of education, to serve at the pleasure of the board; to provide for matters relative to the foregoing; to provide for a referendum; and for other purposes. This 11th day of January, 1988. Honorable Earl Echols, Jr. Senator, 6th District 1-13/1tc

Page 4900

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Echols, Jr., 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 Blackshear Times which is the official organ of Pierce County, on the following date: January 13, 1988. /s/ Earl Echols, Jr. Senator, 6th District Sworn to and subscribed before me, this 23rd day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988. FANNIN COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN ELECTION. No. 1130 (Senate Bill No. 682). AN ACT To provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Fannin 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 for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 4901

Section 1 . The chief magistrate of the Magistrate Court of Fannin County shall be elected by the qualified voters of Fannin County in a nonpartisan primary and election. Except as otherwise provided in this Act, the chief magistrate of the magistrate court shall be elected pursuant to the general elections laws of Georgia. Section 2 . Beginning with the election held in 1988 and every four years thereafter, the chief magistrate of the magistrate court shall be elected at the nonpartisan primary and general election immediately preceding the expiration of the term of office of the chief magistrate of the magistrate court. Section 3 . Candidates for the office of chief magistrate of the magistrate 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 by 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 chief magistrate of the magistrate 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 receiving the highest number of votes for the office shall be in a runoff to be held on the same day as a runoff from the general primary, as provided by state law, to determine which candidate will be on the general election ballot. Section 5 . The names of all candidates for the office of chief magistrate of the magistrate 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 chief magistrate of the magistrate 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 such approval.

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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 1988 session of the General Assembly of Georgia a bill to provide for nonpartisan primaries and nonpartisan elections for the Chief Magistrate of Fannin County; to provide for legislative intent; and for other purposes. This 15th day of February, 1988. /s/ Max R. Brannon Senator, 51st District AFFIDAVIT OF PUBLICATION State of Georgia [UNK] S.S. County of Fannin I, Glenn Harbison, 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 said files of said publication the advertisement of Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia was inserted in the Blue Ridge Summit-Post in space of Legal Notices on dates as follows: February 19, 1988 /s/ Glenn Harbison Subscribed and sworn to before me This 19th day of February, 1988 /s/ Phyllis Ross Notary Public, Georgia, State at Large My Commission Expires Jan. 21, 1989 Approved March 28, 1988.

Page 4903

GILMER COUNTYSCHOOL SYSTEM; SUPERINTENDENT; NONPARTISAN ELECTION; REFERENDUM. No. 1131 (Senate Bill No. 688). AN ACT To provide that the school superintendent of Gilmer County shall be elected in nonpartisan elections; to provide for terms of office; to provide procedures relative to the nomination and qualification of candidates for school superintendent; to provide for related matters; 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 . (a) The school superintendent of Gilmer County shall be elected by the voters of the Gilmer County School District as provided in this Act. (b) The school superintendent of Gilmer County serving in office on the effective date of this Act shall continue to serve out his term of office. Section 2 . The successor to the school superintendent of Gilmer County whose term expires December 31, 1992, shall be nominated in a nonpartisan primary and elected in a nonpartisan election to be held and conducted at the same times as the general primary and the general election in 1992. He shall take office on the first day of January immediately following his election for a term of four years and until his successor is elected and qualified. Thereafter, future successors shall be elected at the nonpartisan primary and election held at the same times as the general primary and election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election and until their successors are elected and qualified. Section 3 . The school superintendent of Gilmer County shall be nominated and elected at nonpartisan primaries and elections as provided in Code Section 21-2-284.1 and other applicable

Page 4904

provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. Section 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gilmer County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gilmer County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in August, 1988, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 Gilmer County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that the school superintendent of Gilmer County shall be elected in nonpartisan elections? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1992. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Gilmer County. It shall be the superintendent's 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to provide

Page 4905

that the school superintendent of Gilmer County shall be elected in nonpartisan elections; to provide for related matters; to provide for a referendum; and for other purposes. This 22nd day of Feb., 1988. (s)Honorable Max Brannon Senator, 51st District 2/25C 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 Times-Courier which is the official organ of Gilmer County, on the following date: February 25, 1988. /s/ Max Brannon Senator, 51st District Sworn to and subscribed before me, this 29th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988.

Page 4906

CLARKE COUNTY AIRPORT AUTHORITYCREATION. No. 1132 (Senate Bill No. 245). AN ACT To create the Clarke County Airport Authority; to declare the need for the airport authority; 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 the members; to provide for application of the county policy on minority participation; 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 and 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 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 the security for such bonds; to provide for the protection of interests 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 the interests 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

Page 4907

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 other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Creation of authority. There is created the Clarke 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 Clarke County and any contiguous land outside the county which is used for airport purposes as provided in this Act. Section 2 . Determination of need for the authority. It is determined and declared that the present and projected rapid growth in commercial and private air traffic in the Clarke County area, the need for adequate airports to serve safely and efficiently the air transportation needs of the state, Clarke County, and the metropolitan areas in Clarke County, 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 necessitates the creation of an airport authority for the present and future operation of Clarke County's airport facilities and aviation business. 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.

Page 4908

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 Clarke 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 from any 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 required otherwise, the following terms shall have the following meanings: (1) The term airport means: (A) Any area of land or water or any structure which is or has been used, or which the 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; (B) 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, 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 (C) All buildings, equipment, facilities, and other property and improvements of any kind or nature located outside the bounds of any such land or water

Page 4909

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. (2) 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. (3) The term county means Clarke County. Section 5 . Authority; membership. (a) The authority shall be composed of six members who shall be residents and qualified voters of Clarke County. At least one of the six members shall reside within five miles of the airport. The term of office of each member shall begin on the first day of January of each year. All members of the authority shall be appointed by the governing authority of Clarke County for a term of four years and until their qualified successors are duly appointed. Two members of said authority shall initially be appointed for a term of one year. One member of said authority shall initially be appointed for a term of two years. One member of said authority shall initially be appointed for a term of three years. The remaining two members of said authority shall be appointed for a term of four years. Thereafter, each member shall serve for a term of four years. All members of the said authority shall serve without compensation. Any members of the said authority otherwise qualified shall be eligible for reappointment unless such member has served for two consecutive four-year terms in which case said member shall not be eligible for reappointment until after a period of one year's absence from authority membership. (b) The county administrator of Clarke County, Georgia, shall serve as a nonvoting ex-officio member of the authority for the purpose of assisting in the coordination of activities between the authority and the Board of Commissioners of Clarke County.

Page 4910

(c) The policy pertaining to minority business participation applicable to the Board of Commissioners and departments of Clarke County shall also be applicable in like force and effect to the members and employees of the authority. Section 6 . Election of officers, quorum, bylaws, procedures, and meetings. After the appointment of all members, the full membership of the authority shall meet as soon as practicable and shall elect one of its members as chairman and one as vice-chairman, each of whom shall serve in such position until the first meeting in January of the succeeding year and until his successor is elected. Thereafter, a chairman and a vice-chairman shall be elected in the same manner in January of 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. Four members of the authority shall constitute a quorum for the purpose of transacting business, nevertheless, at least four affirmative votes of the membership shall be required for the approval of any matter or the exercise of any of the 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 7 . 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 8 . Vacancies in authority. Should an appointed member vacate his office either by resignation, death, change of residence, or removal as provided in Section 9 of this Act or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another qualified person to serve as a member of the authority for the unexpired term. Section 9 . Removal of members. Any member may be removed from office for good cause affecting his ability to perform

Page 4911

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 conlfict of interest provisions of this Act. Any member who fails to attend three consecutive regular meetings of the authority shall automatically by reason of such fact cease to be a member of the authority. However, such person shall be eligible for reappointment to the authority upon a showing of good cause for failure to attend such meetings. Section 10 . 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, the executive director 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. The executive director shall have such powers as are necessarily incident to the performance of the duties of the office 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. The county administrator of Clarke County, or the designee of the county administrator, shall be authorized to serve as a purchasing agent or officer for the authority for supplies, materials, equipment, or other items of property on such terms as deemed appropriate by the authority and the Board of Commissioners of Clarke County, Georgia. Section 11 . Conflicts of interest. No member of the authority or officer or employee thereof shall have a financial interest,

Page 4912

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 9 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 12 . 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; (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 and to pay for such acquisition with its own funds; (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

Page 4913

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; (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 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 rules and regulations and the penalties for violation thereof in a newspaper of general circulation of all counties in which such rules and regulations are to be applied. The notice shall state that the breach of any such rule or regulation will subject the violator to a penalty, shall state 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 having jurisdiction over the offense and located in the county in which the violation occurs;

Page 4914

(8) To provide its own fire and emergency medical 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; (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 sell, lease, or otherwise dispose of surplus personal property and to sell, lease, or otherwise dispose of land and any improvements thereon owned by the authority which the authority may determine is no longer

Page 4915

required to accomplish the purposes of this Act, including property which is suitable for industrial development. Any such property shall be sold, leased, or otherwise disposed of pursuant to the same procedures and requirements as provided for by state law for the sale or disposal of county owned property. The proceeds of any such sale may be used by the authority to accomplish any of the purposes of this Act; (14) 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; (15) To exercise each and every power that any county could exercise, under laws existing at the time this Act becomes law, over airports owned or operated by any county; (16) 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; (17) 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 or the county to the authority as the authority deems necessary and appropriate, or to contract with such governmental agency for the continued services of such officers and employees on such terms as are deemed to be appropriate; (18) 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 (19) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees

Page 4916

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 13 . 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. Section 14 . Revenue bonds. The authority shall have the power and is authorized, at one time or form 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 12 of this Act.

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Section 15 . Validation of revenue bonds; location of authority. For purposes of validation of bonds under the Revenue Bond Law, Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the authority shall be considered to be located in Clarke County. Section 16 . 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 17 . 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 inside 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 construed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders; (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

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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 trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such 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 18 . 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 bonds, 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 17 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 19 . 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 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 adversely affect the interests and rights of the holders of such bonds. Section 20 . Revenue bonds; exemption from taxation. All revenue bonds issued under the provisions of this Act are declared to 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 21 . 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

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made securities in which 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 22 . 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 23 . 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 airports 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. Section 24 . Transfer of contracts to authority. Upon conveyance of airports to the authority pursuant to Section 23 of this Act, all contracts, commitments, leases and other obligations of the local government formerly owning the airport in respect to such airport shall transferred to the authority; and the

Page 4920

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 25 of this Act. Section 25 . Conveyances and transfers pursuant to Sections 23 and 24 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 23 of this Act, and the transfer of contracts, commitments, leases, and any other obligations to the authority from any local government pursuant to Section 24 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interests 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 26 . 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 27 . 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 Act 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. Section 28 . 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.

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Section 29 . Fiscal year, budget, and financial reporting. The authority shall operate on the same fiscal year as is used by the governing authority of Clarke County, Georgia, and at the end of each fiscal year the authority shall furnish to the governing authority of Clarke County, Georgia, an audit of its operations for the preceding year, or in the alternative, the authority may contract with the governing authority of Clarke County to have the required audit report of its operations prepared by the accounting firm employed by the county for the preparation of the county's annual audit. The annual audit of the authority shall constitute public information. Section 30 . Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligent acts as the governing authority of Clarke County; 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 negligent acts 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 obligations of the authority. Section 31 . Taxation of the authority. The property, obligations, and interst on the obligations of the authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations of Clarke County. The exemption from taxation herein provided shall not extend to tenants or lessees of the authority. Section 32 . 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 33 . Principal office of authority; service of process. The principal office of the authority shall be in Clarke 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.

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Section 34 . 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 35 . General 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 1987 session of the General Assembly of Georgia local legislation to create a Clarke County Airport Authority; to provide for matters relating thereto; and for other purposes. BOARD OF COMMISSIONERS OF CLARKE COUNTY, GEORGIA PN: 1-15 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul C. Broun, who, on oath, deposes and says that he is Senator from the 46th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County, on the following date: January 15, 1987. /s/ Paul C. Broun Senator, 46th District

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Sworn to and subscribed before me, this 3rd day of February, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 Approved March 28, 1988. PIERCE COUNTYTAX COMMISSIONER AND PERSONNEL; COMPENSATION. No. 1183 (Senate Bill No. 656). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County, approved March 30, 1987 (Ga. L. 1987, p. 4849), so as to change the provisions relating to the compensation of the tax commissioner; to change the manner of compensating personnel and employees of the tax commissioner; 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 consolidating the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County, approved March 30, 1987 (Ga. L. 1987, p. 4849), is amended by striking Section 5, which reads as follows: Section 5. The tax commissioner shall be compensated on the basis of fees, commissions, and emoluments which the tax collector and tax receiver were previously entitled to receive and as established by general law.,

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in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The present mode of compensating the tax commissioner of Pierce County, known as the fee system, is abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. (b) The tax commissioner of Pierce County shall receive an annual salary of not less than the annual salary prescribed in Code Section 48-5-183 of the O.C.G.A. and not more than $25,000.00 per annum, the exact amount to be fixed by the governing authority of Pierce County payable in equal monthly installments out of the funds of Pierce County. (c) All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held as public funds belonging to Pierce County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected with a detailed, itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by Code Section 48-5-180 of the O.C.G.A. which authorizes the payment of commissions on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest. Section 2 . Said Act is further amended by striking Section 7, which reads as follows: Section 7. (a) The compensation of all personnel and employees and the cost of data processing services shall be paid from any fees, commission, or emoluments to which the tax commissioner is entitled. (b) 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 the office of tax commissioner shall be furnished by the county and shall

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be paid from any funds of the county available for such purpose., in its entirety and substituting in lieu thereof the following: Section 7. (a) The compensation of all personnel and employees of the tax commissioner shall be in accordance with the personnel policies of Pierce County and shall be paid in equal monthly installments out of the funds of Pierce County. (b) 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 the office of tax commissioner shall be furnished by the county and shall be paid from any funds of the county available for such purpose. 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 1988 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County, approved March 30, 1987 (Ga. L. 1987, p. 4849), so as to change the provisions relating to the compensation of the tax commissioner; to repeal certain provisions relating to the manner of compensating personnel and employees and provisions relating to the cost of data processing services; to provide for related matters; and for other purposes. This 2nd day of February, 1988. Honorable Earl Echols, Jr. Senator, 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Echols, Jr., who, on

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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 Pierce County Press which is the official organ of Pierce County, on the following date: February 3, 1988. /s/ Earl Echols, Jr. Senator, 6th District Sworn to and subscribed before me, this 15th day of February, 1988. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 11, 1988. Approved March 28, 1988. WEST GEORGIA REGIONAL WATER AUTHORITYCREATION. No. 1187 (House Bill No. 1156). AN ACT To create the West Georgia Regional Water Authority and to authorize such authority to acquire or construct a regional water supply reservoir, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and municipal corporations; to confer powers and impose duties on the authority; to provide for the membership and for appointment of members of the authority and their terms of tenure and compensation; to provide for the filling of vacancies; to provide for removal of members; to authorize the authority to contract with others pertaining to the water utilities and facilities and to execute leases and

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do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or certificates; to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to authorize the authority to establish a water system or systems in certain counties so as to vest in the West Georgia Regional Water Authority the same powers, jurisdiction, and authority such counties have; to provide that any water facilities that are constructed shall take into consideration the adopted planning policy of the member counties; to provide that no debt of the member counties shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated; to require that contractors shall give bond; to provide for competitive bidding on contracts; to provide that members of the authority shall not be interested in contracts; to provide for financial statements and audit reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Short title. This Act may be cited as the West Georgia Regional Water Authority Act. Section 2 . West Georgia Regional Water Authority. There is created a body corporate and politic, to be known as the West Georgia Regional Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, bring and defend actions, sue and be sued, implead and be impleaded, complain and defend in all courts. The authority shall consist of eight members to be composed as follows: the chairman or a member of the board

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of commissioners of Polk County to be appointed by the board of commissioners, one member of the Polk County Water Authority to be appointed by such authority, the chairman of the board of commissioners of Paulding County, one member of the Paulding County Water Authority to be appointed by such authority, the chairman of the board of commissioners of Douglas County, one member of the Douglasville-Douglas County Water and Sewer Authority to be appointed by such authority, the commissioner of Haralson County, and one member of the Haralson County Water Authority to be appointed by such authority. Five members shall constitute a quorum. Any vacancy in the position of a member appointed by an authority shall be filled by such authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall elect a chairman and vice chairman of the authority from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the authority. The members of the authority shall determine their compensation for serving in such capacity. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3 . Definitions. (a) As used in this Act, the term: (1) Authority means the West Georgia Regional Water Authority created by Section 2 of this Act. (2) Cost of the project means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, costs of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed

Page 4929

as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Member county means Douglas, Haralson, Paulding, and Polk counties unless the governing authority of any such county has adopted a resolution, at any time, declaring that such county shall not be a member county under this Act, in which event the authority shall not construct or operate any facility or distribute water in such county. (4) Project means and includes the acquisition and construction of a regional water reservoir, the acquisition of real property surrounding the reservoir, and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the member counties, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority to be necessary or convenient for the efficient operation of such type of undertaking. (5) Revenue bonds and bonds shall mean revenue bonds and certificates as defined and provided for in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law and such type of obligations may be issued by the authority as authorized under said article. In addition, such terms shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (6) West Georgia region means Douglas, Haralson, Paulding, and Polk counties. (b) 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, repairing, improving, and extending

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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 is authorized: (1) To have a seal and alter the seal at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by 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, rights, or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporte existence shall continue, and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts

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with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, water facilities, and related services by the authority to such municipal corporations and counties or relative to the furnishing of water facilities and services by municipal corporations, counties, corporations, or individuals to the authority 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 defined in paragraph (4) of Section 3 of this Act, the cost of any such project to be paid in whole or in part from the proceeds and revenue bonds of the authority or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instrumentality thereof; (7) To accept loans and grants of money, materials, or property of any kind from the United States of America, the State of Georgia, or any agency or instrumentality thereof upon such terms and conditions as the United States of America, the State of Georgia, or such agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; and

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(10) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5 . Services to member counties. The authority shall provide water services and facilities to each member county so long as such county remains a member county. Section 6 . Competitive bidding on contracts. (a) Except in the purchase of unique article or articles which for any reason are unobtainable in the open market and except as provided in this Act, competitive bids shall be secured before any purchase or sale, by contract or otherwise, is made by the authority or before any contract is awarded for construction, alterations, supplies, equipment, repairs, or maintenance or for rendering any services to the authority other than professional services. The purchase shall be made from or the contract shall be awarded to the lowest responsible bidder, or the sale shall be made to the highest responsible bidder. If the amount involved is $5,000.00 or more, no purchase of any unique article or other articles unobtainable in the open market shall be made unless a report detailing why such unique article or other articles are unobtainable in the open market is submitted to the chairman of the West Georgia Regional Water Authority. (b) All purchases, contracts, and sales of $5,000.00 or more shall be awarded after advertising in the official organs of the member counties at least two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time, and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids or, in lieu thereof, the authority shall keep on file a memorandum showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. (c) Written price quotations from at least three qualified and responsible vendors shall be obtained for all purchases and sales under $2,000.00 but more than $1,000.00 or, in lieu thereof, the authority shall keep on file a memorandum showing that less than three vendors so qualified exist in the market area within which it is practicable to obtain quotations, except as provided in this Act.

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(d) Purchases or sales under $1,000.00 may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the authority. (e) Competitive bidding requirements may be waived if it is determined by the authority that an emergency directly and immediately affecting customer service or public health, safety, or welfare requires immediate delivery of supplies, materials, equipment, or services; provided, however, that a record explaining the emergency shall be entered in the records of the authority. (f) The authority shall have the right to reject any or all bids or parts of any or all bids whenever in the opinion of the authority such rejection is necessary for the protection of the interests of the authority. In such cases, the authority shall readvertise for new bids on the same or different terms. Section 7 . Contractors to give bond. Contractors who are awarded contracts by the authority shall be required to give bond in an amount equal to the amount of the bid, with good security, for the faithful performance of the contract and to indemnify the authority for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be approved by and filed with the authority or shall be approved by and filed with such other person as may be designated by the authority. Section 8 . Members of the authority not to be interested in contracts. The authority is prohibited from entering into a contract for the purchase of goods, property, or service with any member of the authority, his employer, partner, principal, agent, servant, or employee, nor shall the authority enter into any contract in which any member of the authority is financially interested, directly or indirectly. Neither the chairman or any member of the authority or his partner, employer, principal, agent, servant, or employee shall enter into any contract with the authority or sell to the authority any goods, property, or service; provided, however, this section shall not apply to goods or services purchased from any public utility which is regulated by the Georgia Public Service Commission. Any contract made in violation of this section shall be void. Section 9 . Revenue bonds. The authority, or any authority or body which had or which may in the future succeed to the

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powers, duties, and liabilities vested in the authority created by this Act is authorized, at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed $50 million outstanding at any one time, of the authority for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law, shall be payable semiannually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 10 . Same; form; denominations; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone or also as to both the principal and interest. Section 11 . 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 attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile

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signature of such person and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 12 . Same; negotiability; exemption from taxation. All revenue bonds issued under this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation within the state. Section 13 . Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law, 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 14 . 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 be issued in like manner to provide the amount of such deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for in this Act for the payment of principal and interest of such bonds. Section 15 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the

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authority, under like restrictions, may issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 16 . Replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 17 . Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 18 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of any member county or a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund provided for in this Act; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate any member county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 19 . Same; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside 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,

Page 4937

including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 20 . Same; to whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes for which such bonds were issued, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 21 . Same; sinking fund. The revenues, fees, tools, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the

Page 4938

principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide; and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which 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 provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds. Any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Section 22 . Same; remedies of bondholders. Any holder of revenue bonds issued under this Act or any coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by the resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act 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, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

Page 4939

Section 23 . Same; refunding bonds. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, all other details thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provision of this Act insofar as the same may be applicable. Section 24 . Same; venue and jurisdiction. Any action to protect or enforce any rights under this Act or any suit or action against the authority shall be brought in the Superior Court of Haralson County, and any action pertaining to validation of any bonds issued under this Act shall likewise be brought in said court, which shall have exclusive jurisdiction of such actions. Section 25 . Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for furnishing or receiving the services and facilities of the water 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, the validity of the terms thereof be determined, and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same and any municipality, county, authority, subdivision, or instrumentality contracting with the authority. Section 26 . Same; 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

Page 4940

any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. Section 27 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 28 . 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 such water to the West Georgia region, and the various municipalities in said counties and environs and municipalities located therein. Such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where water distribution systems do not now exist and where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. Section 29 . 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 undertaking or project, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water utility system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertakings or projects,

Page 4941

including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 30 . Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished. Section 31 . Financial statements and audit reports. (a) The authority shall establish a fiscal year for its operation and, as soon after the end of each fiscal year as is feasible, the authority shall cause to be prepared and printed a report and financial statement of the authority's operations for the fiscal year just ended and of its assets and liabilities. A copy of such report shall be sent to the governing authority of each member county, and additional copies shall be made available for distribution to the general public on written requests therefor. (b) The authority shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records, and accounts of the authority for the purpose of auditing and reporting upon its financial statement for such year. The report of such auditors shall be appended to such financial statement. (c) Whenever the authority deems it necessary or advisable, it shall be authorized to employ a firm of qualified independent engineers to survey the condition of the authority's facilities and operations from an engineering standpoint and to make a report thereof together with its recommendations for improvement in its physical facilities and operating procedures. A copy of such report shall be sent to the governing authority of each member county and additional copies shall be made available for distribution to the general public on written request therefor. Section 32 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for doing the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as being in derogation of any powers now existing.

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Section 33 . Liberal construction of act. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 34 . Powers of counties and municipalities. This Act does not in any way take from member counties or any municipality located therein or any adjoining county the authority to own, operate, and maintain water systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law. Section 35 . 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 1987 session of the General Assembly of Georgia a Bill to create the WEST GEORGIA REGIONAL WATER AUTHORITY; to provide for the membership of the West Georgia Regional Water Authority; to provide for its powers, duties and authority; to provide for all other matters relative to the foregoing, and for other purposes. This the 27th day of February, 1987. /s/ Charles Baldwin Chairman Board of Commissioners of Polk County, GA STATE OF GEORGIA, COUNTY OF POLK. Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, JOE WILLIAMS, who states on oath that he is Editor and Publisher of The Cedartown Standard and that a Notice to Introduce Local Legislation (copy

Page 4943

of which is hereto attached) was published in the Tuesday, March 3, 1987, issue of The Cedartown Standard. /s/ Joe Williams Sworn to and subscribed before me, this the 6th day of March, 1987. /s/ Nancy B. Daugherty NOTARY PUBLIC My Commission Expires 1-3-88 (SEAL) NOTICE OF INTENTION to Introduce Local Legislation Notice is given that there will be introduced at the regular 1987 session of the General Assembly of Georgia a bill to create the West Georgia Regional Water Authority, to authorize such Authority to acquire or construct a regional water supply reservoir and to perform other services and functions, and for other purposes. This 24th day of February, 1987. J. Wayne Garner, Senator, 30th District. AFFIDAVIT GEORGIA: Douglas County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Douglas County Sentinel legal organ for Douglas County. The Following dates, to-wit: February 6th, 1987 Sworn to on the 6th day of February, 1987. /s/ Fred Lester Publisher

Page 4944

Sworn to and subscribed to before me on the 6th day of February 1987 /s/ Marilyn L. Mullins Notary Public, Georgia, State at Large My Commission Expires January 16, 1990 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, a Bill to create the West Georgia Regional Water Authority; to provide for the membership of the West Georgia Regional Water Authority, to provide for its powers, duties and authority; to provide for all other matters relative to the foregoing; and for other purposes. The the 3rd day of March, 1987 Jim Davenport Sole commissioner for Haralson County 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 Gateway Beacon legal organ for Haralson County. The following dates, to-wit: 3-5-87 Sworn to on the 6th day of March, 1987 /s/ Ralph M. Parkman Publisher

Page 4945

Sworn to and subscribed to before me on the 6th day of March, 1987 /s/ JoAnn Parkman Notary Public (SEAL) Notice Of Intention To Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia, a Bill to create the West Georgia Regional Water Authority; to provide for the membership of the West Georgia Regional Water Authority, to provide for its powers, duties and authority; to provide for all other matters relative to the foregoing; and for other purposes. This the 3rd day of March, 1987. Earl Duncan AFFIDAVIT I, J. T. Parker, after being duly sworn do hereby depose and say under oath that I am publisher of the Dallas New Era, the official legal organ of Paulding County. There has been deposited with said newspaper advertisement which is to run once a week for one consecutive week. The weeks are 3/5/87. /s/ J. T. Parker Publisher, Dallas New Era Sworn to and subscribed before me, this 6th day of March, 1987 /s/ Deborah Haynes Bell Notary Public, Paulding County, Georgia My Commission Expires March 26, 1990 (SEAL) NOTICE OF INTENTION TO INTRODUCE LEGAL LEGISLATION

Page 4946

Notice is hereby given that there will be introduced at the regular 1987 session of the General Assembly of Georgia, a Bill to create the West Georgia Regional Water Authority; to provide for the membership of the West Georgia Regional Water Authority; to provide for its powers, duties and authority; to provide for all other matters relative to the foregoing; and for other purposes. This the 17th day of February, 1987. /s/ C. DAVID MECKLIN, JR., Attorney for Carroll County. AFFIDAVIT GEORGIA Carroll County To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the TIMES-GEORGIAN legal organ for Carroll County. The following dates, to-wit: 2-12 Sworn to on theday of, 198. /s/ Steve A. Shorts Publisher Sworn to and subscribed before me on the 3rd day of March, 1987 /s/ Ruthe Bracknell Notary Public, Georgia, State At Large My Commission Expires Sept. 5, 1987 (SEAL) Approved March 30, 1988.

Page 4947

ATLANTA MARKET FOR GEORGIA FARM PRODUCTS AUTHORITYCREATION. No. 1328 (House Bill No. 1849). AN ACT To create the Atlanta Market for Georgia Farm Products Authority; to provide for a short title; to provide for definitions; to provide for powers, duties, purpose, and authority of the authority; to provide for composition of the authority; to provide for officers, employees, bylaws, and quorum; to provide for compensation; to provide for the prohibition of conflicts of interest; to provide for maintenance and inspection of books and records of the authority; to provide that the authority is performing a governmental function; to provide for police services and police powers; to provide venue and jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . This Act shall be known as and may be cited as the Atlanta Market for Georgia Farm Products Authority Act. Section 2 . As used in this Act, the term: (1) Agricultural products shall have the same definition as contained in Code Section 2-10-52 of the Official Code of Georgia Annotated. (2) Authority means the Atlanta Market for Georgia Farm Products Authority. (3) Project means any acquisition, construction, alteration, subdivision, development, improvement, or maintenance of a municipal market for agricultural products and other products as deemed appropriate by the authority in or around the downtown area of the City of Atlanta.

Page 4948

Section 3 . (a) There is created a local authority and a body corporate and politic, to be known as the Atlanta Market for Georgia Farm Products Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation. By that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts. (b) The authority may delegate to one or more of its members or to its agents and employees such powers and duties as it may deem proper. (c) The authority shall exist for 99 years. Section 4 . All income, revenues, gifts, grants, appropriations, rights, and privileges of value of every nature accruing to the authority shall be used for the sole purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting a municipal market for agricultural products and other products as deemed appropriate by the authority in or around the downtown area of the City of Atlanta. Section 5 . (a) The authority shall consist of seven members. Three members shall be appointed by the mayor of the City of Atlanta, one of whom shall be a state official with responsibility for farmers' markets, and two members shall be appointed by the president of the Atlanta City Council, all of whom shall be confirmed by the Atlanta City Council. One member shall be a citizen of Fulton County elected by majority vote of the members of the Georgia House of Representatives whose representative districts lie wholly or partially within Fulton County. One member shall be a citizen of Fulton County elected by a majority vote of the members of the Georgia Senate whose senatorial districts lie wholly or partially within Fulton County. The chairperson of the Fulton County delegation in the House of Representatives and the chairperson of the Fulton County Senate delegation shall each call a meeting of their respective delegations to elect such members. (b) The authority shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.

Page 4949

(c) The authority may make such bylaws for its government as it deems necessary but is under no duty to do so. (d) Any five members of the authority shall constitute a quorum necessary for the transaction of business. A majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this Act. No vacancy on the authority shall impair the right of a quorum to transact any and all such business. (e) The members of the authority shall receive no compensation for their services. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority. Section 6 . (a) Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, shall be applicable to the authority and its members, officers, officials, and employees in the same manner as if the authority created by this Act was a state authority. Violation of any provision of Part 1 of Article 2 of Chapter 10 of Title 45 shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined, at the discretion of the authority. (b) Any contract or transaction of the authority involving a conflict of interest which is prohibited under subsection (a) of this section or involving a violation of any other provision of law applicable to the authority and its members, officers, or employees and regulating conflicts of interest shall be voidable by the authority. Section 7 . (a) The members of the authority shall be accountable in all respects as trustees. (b) The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of such books, together with a proper statement of the authority's financial position, on or about December 31 of each year, to the state auditor. Section 8 . The authority shall have the power:

Page 4950

(1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To appoint a director and select officers, agents, and employees, including engineering, architectural, and construction experts, and to fix their compensation; (4) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it causes to be subdivided, erected, or acquired; (5) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Section 2, to be located on property owned or leased by the authority; the cost of any such project shall be paid from its income, from any grant from the United States government or any agency or instrumentality thereof or from this state; (6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States government or any agency or instrumentality thereof, upon such terms and conditions as the United States government or such agency or instrumentality may impose; (7) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (8) To do all things necessary or convenient to carry out the powers expressly given in this Act; (9) To act as agent for the United States government or any agency, department, corporation, or instrumentality thereof in any manner within the purposes or powers of the authority;

Page 4951

(10) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (11) To do any and all other acts and things authorized or required to be done by this Act, whether or not included in the general powers mentioned in this section; (12) To receive gifts, donations, or contributions from any person, firm, or corporation or from any county, municipal, or local governing body; (13) To hold, use, administer, and expend such sum or sums as may hereafter be received as income or gifts or as may be appropriated by authority of the General Assembly for any of the purposes of this authority; (14) To acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the authority, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes; (15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities; and (16) To invest and reinvest any or all idle funds or moneys, including, but not limited to, contributions, gifts, or grants, which cannot be immediately used for the purpose for which received in any security or securities which are legal investments for executors or trustees, provided that such investments in such securities will, at all times, be held for and, when sold, used for the purposes for which the money was originally received. Section 9 . It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority

Page 4952

will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. Section 10 . The City of Atlanta is empowered to provide police services and to exercise such of its police powers as may be necessary to maintain peace and order and to enforce any and all restrictions upon the properties and facilities of the authority to the extend that such is lawful under the laws of the United States and this state. Section 11 . Any action to protect or enforce any rights under this Act shall be brought in the Superior Court of Fulton County, which shall have exclusive original jurisdiction of such actions. Section 12 . 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 1988 session of the General Assembly of Georgia a bill providing for the creation of the Atlanta Market for Georgia Farm Products Authority, providing for all related matters, repealing conflicting laws, and for other purposes. This 15th day of February, 1988. W.M. Alexander Legislative Coordinator City of Atlanta GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James F. Martin, who, on oath, deposes and says that he is Representative from the

Page 4953

26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following date: February 15, 1988. /s/ James F. Martin Representative, 26th District Sworn to and subscribed before me, this 16th day of February, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 7, 1988. CITY OF FAYETTEVILLECORPORATE LIMITS. No. 1330 (House Bill No. 1866). AN ACT To amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, approved March 4, 1970 (Ga. L. 1970, p. 2243), 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 providing a city charter for the City of Fayetteville in the County of Fayette, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended, is amended by adding immediately following Section 1.02 a new Section 1.025 to read as follows:

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Section 1.025. Notwithstanding any other provision of law or any ordinance or resolution adopted by the governing authority of the City of Fayetteville, the following described property is deannexed from and is not a part of the corporate limits of the City of Fayetteville: TRACT 1 All that tract or parcel of land lying and being in Land Lots 6, 7, 26, 27, 28 and 38 of the 7th District of Fayette County, Georgia, and being more particularly described as follows: COMMENCING at the common corner of Land Lots 27, 28, 37 and 38 of the 7th District and running thence south 87 degrees 52[UNK] 00[UNK] west along the south line of Land Lot 38 a distance of 1,508.58 feet to a point marked by an iron pipe; running thence north 01 degree 03[UNK] 40[UNK] west a distance of 1,799.13 feet to a point marked by an iron pipe; running thence southeasterly, easterly and northerly along a fence line the following courses and distances: south 77 degrees 30[UNK] 00[UNK] east 311.86 feet; south 83 degrees 38[UNK] 50[UNK] east 85.73 feet; north 89 degrees 17[UNK] 50[UNK] east 89.12 feet; north 88 degrees 43[UNK] 30[UNK] east 201.62 feet; north 69 degrees 55[UNK] 50[UNK] east 37.53 feet; north 68 degrees 05[UNK] 00[UNK] east 165.27 feet; north 52 degrees 45[UNK] 10[UNK] east 165.87 feet; north 31 degrees 00[UNK] 10[UNK] east 30.60 feet; north 04 degrees 00[UNK] 00[UNK] east 53.62 feet; north 03 degrees 26[UNK] 30[UNK] east 71.25 feet; north 02 degrees 52[UNK] 00[UNK] west 138.85 feet to a point on the southerly side of Huiet Drive; thence crossing Huiet Drive north 09 degrees 08[UNK] 00[UNK] east a distance of 35.00 feet to a point marked by an iron pipe; running thence north 08 degrees 33[UNK] 00[UNK] east a distance of 746.47 feet to a point marked by a conduit on the north line of Land Lot 38; running thence along the north line of Land Lot 38 north 86 degrees 40[UNK] 00[UNK] east a distance of 348.85 feet to a point marked by an iron bar on the line between Land Lots 27 and 38; running thence along the west line of Land Lot 26 north 00 degrees 14[UNK] 10[UNK] west a distance of 63.45 feet to a point marked by an iron pipe; running thence north 89 degrees 13[UNK] 10[UNK] east a distance of 705.93 feet to a point marked by an iron pipe; running thence north 02 degrees 36[UNK] 00[UNK]

Page 4955

west a distance of 638.77 feet to a point marked by a fence corner; running thence along said fence line north 87 degrees 42[UNK] 20[UNK] east a distance of 847.00 feet to a point; continuing thence along said fence line north 01 degrees 01[UNK] 30[UNK] east a distance of 706.00 feet to a point marked by a fence corner post; continuing thence along said fence line north 88 degrees 29[UNK] 20[UNK] east a distance of 1554.25 feet to a point on the north line of Land Lot 26 and the south line of Land Lot 7; running thence along said Land Lot line north 00 degrees 12[UNK] 30[UNK] west a distance of 1196.49 feet to a point where the center line of Lester Road intersects said Land Lot line; running thence along the center line of Lester Road the following courses and distances; south 28 degrees 02[UNK] 40[UNK] east 204.85 feet; south 66 degrees 43[UNK] 20[UNK] east 216.95 feet; south 76 degrees 08[UNK] 20[UNK] east 186.01 feet; south 78 degrees 19[UNK] 10[UNK] east 378.17 feet; south 77 degrees 17[UNK] 40[UNK] east 578.74 feet to a point and corner; running thence south 01 degrees 23[UNK] 40[UNK] east a distance of 2067.38 feet to a point on the south line of Land Lot 7 and the north line of Land Lot 6; running thence along said Land Lot line north 88 degrees 52[UNK] 20[UNK] east a distance of 121.32 feet to a point marked by a concrete monument; running thence south 01 degrees 14[UNK] 10[UNK] east a distance of 2903.07 feet to a point marked by a concrete monument which point is on the south line of Land Lot 6 and the north line of Land Lot 5; running thence south 87 degrees 53[UNK] 40[UNK] west along said Land Lot line a distance of 1650.92 feet to a point at the common corner of Land Lots 5, 6, 27 and 28; running thence south 02 degrees 33[UNK] 20[UNK] east a distance of 1485.50 feet to a point marked by a concrete monument; running thence south 87 degrees 45[UNK] 20[UNK] west a distance of 1566.68 feet to a point marked by a concrete monument; running thence north 01 degrees 33[UNK] 40[UNK] west a distance of 1236.99 feet to a point marked by an iron pin; running thence south 88 degrees 36[UNK] 40[UNK] west a distance of 1461.65 feet to a point marked by an iron pipe; running thence north 03 degrees 35[UNK] 50[UNK] west a distance of 270.04 feet to the common corner of Land Lots 27, 28, 37 and 38 at the point of beginning. Said property contains 536.812 acres of land as shown on a plat of survey of Property of Ben T. Huiet, dated

Page 4956

September 1972, revised June 1974 and prepared by Roger L. Cordes Associates, Registered Land Surveyors; said plat being recorded at Plat Book 8, Page 161, Fayette County, Georgia Records. TRACT 2 All that tract or parcel of land lying and being in Land Lots 38 and 39 of the 7th District of Fayette County, Georgia, and being more particularly described as follows: COMMENCING at a point located at the intersection of the center line of Huiet Drive (an unpaved road) with the southerly right of way line of Georgia Highway 54 (80 foot right of way); thence running westerly along said southerly right of way line of Georgia Highway 54 the following courses and distances: South 75 degrees 43 minutes 10 seconds West 149.92 feet; South 81 degrees 19 minutes 30 seconds West 76.41 feet; South 83 degrees 33 minutes 10 seconds West 286.84 feet; South 83 degrees 12 minutes 50 seconds West 169.79 feet; South 82 degrees 19 minutes 00 seconds West 106.99 feet to a point and corner; Thence South 00 degrees 57 minutes 50 seconds East 1,760.75 feet to a point marked by a 2[UNK] pipe on the South Land Lot line of Land Lot 39; thence South 01 degree 25 feet 30 seconds East 1,148.73 feet to a point marked by a 1 1/4 inch pipe; thence southeasterly, easterly and northerly along a fence line the following courses and distances; South 77 degrees 30 minutes 00 seconds East 311.86 feet; South 83 degrees 38 degrees 50 seconds East 85.73 feet; North 89 degrees 17 minutes 50 seconds East 83.12 feet; North 88 degrees 43 minutes 30 seconds East 201.62 feet; North 69 degrees 55 minutes 50 seconds East 37.53 feet; North 68 degrees 05 minutes 00 seconds East 165.27 feet; North 52 degrees 45 minutes 10 seconds East 165.87 feet; North 31 degrees 00 minutes 10 seconds East 30.60 feet; North 04 degrees 00 minutes 00 seconds East 53.62 feet; North 03 degrees 26 minutes 30 seconds East 71.25 feet; North 02 degrees 52 minutes 00 seconds West 138.85 feet to a point marked by a 1 inch pipe on the southerly side of Huiet Drive; thence North 09 degrees 08 minutes 00 seconds East 17.50 feet to a point on the centerline of Huiet Drive; running thence along the center

Page 4957

line of Huiet Drive the following courses and distances: North 62 degrees 33 minutes 50 seconds West 104.26 feet; North 56 degrees 25 minutes 30 seconds West 102.05 feet; North 49 degrees 55 minutes 40 seconds West 117.31 feet; North 42 degrees 02 minutes 10 seconds West 150.81 feet; North 25 degrees 06 minutes 10 seconds West 129.50 feet; North 00 degrees 09 minutes 50 seconds East 138.77 feet; North 08 degrees 26 minutes 00 seconds East 260.06 feet; North 08 degrees 03 minutes 40 seconds East 178.05 feet; North 08 degrees 01 minute 10 seconds East 297.03 feet; North 07 degrees 28 minutes 50 seconds East 365.99 feet; North 02 degrees 02 minutes 10 seconds West 174.21 feet; North 01 degree 32 minutes 30 seconds West 253.13 feet; North 01 degree 04 minutes 40 seconds West 224.00 feet; North 01 degree 50 minutes 10 seconds West 324.09 feet to the point of beginning. Said property consists of 53.922 acres of land as shown on plat of survey of property for Southwood Property Corporation dated September, 1972, revised November 1976, and prepared by Roger L. Cordes Associates, Registered Land Surveyors; said plat being recorded at Plat Book 9, Page 170, Fayette County, Georgia. TRACT 3 All that tract or parcel of land lying and being in Land Lots 4, 28, 29 30 of the 7th District of Fayette County, Georgia and being more particularly described as follows: COMMENCING at a point marked by a concrete monument located at the intersection of the East line of Land Lot 28 with the Southerly Right of Way of Davis Road; running thence South 2 degrees 31[UNK] 30[UNK] east along the line between Land Lots 5 28 a distance of 1,511.45 ft. to a point marked by an iron pin which is located at the common corner of Land Lots 4, 5, 28 29; running thence South 5 degrees 47[UNK] 30[UNK] East a distance of 1,425.5 ft. to a point marked by an iron pin; running thence South 2 degrees 04[UNK] East a distance of 1,595.8 ft. to a point which has been referred to in previous plats as the common corner of Land Lots 3, 4, 29 30; running

Page 4958

thence South 96 degrees 40[UNK] West a distance of 60 ft.; running thence South 0 degree 58[UNK] East a distance of 973.6 ft. to a point on the Northeasterly Right of Way of Ebenezer Church Road (said road having a 90 ft. wide Right of Way); running thence Northwesterly along the Northeasterly Right of Way of Ebenezer Church Road and following the curvature thereof a distance of 1,514.3 ft. to a point; running thence North 2 degrees 53[UNK] 30[UNK] West a distance of 797.0 ft. to a point; running thence South 88 degrees 44[UNK] West a distance of 316.5 ft. to a point; running thence North 1 degree 19[UNK] West a distance of 392.2 ft. to a point marked by a concrete monument; running thence North 87 degrees 57[UNK] 30[UNK] East a distance of 239.25 ft. to a point marked by a concrete monument; running thence North 1 degree 07[UNK] 30[UNK] West a distance of 1,927.0 ft. to a point marked by a concrete monument; running thence South 86 degrees 59[UNK] 30[UNK] West a distance of 321.4 ft. to a point marked by a concrete monument; running thence North 1 degree 25[UNK] 30[UNK] West a distance of 1,517.55 ft. to a concrete monument; running thence North 87 degrees 45[UNK] 20[UNK] East a distance of 1,566.68 ft. to the point of beginning. Said property consists of 165.17 acres of land as shown on plat of survey by R.M. Boyd Associates, Inc., Registered Land Surveyors, dated January 18, 1984 and recorded at Plat Book 14, Page 138, Fayette County Records. TRACT 4 All that tract or parcel of land lying and being in Land Lot 28 of the 7th District of Fayette County, Georgia and being all of that property owned by the Grantor in the East one-half of Land Lot 28, which lies on the South side of the Right of Way of Davis Road. Said parcel contains approximately 6 acres of land. TRACT 5 All that tract or parcel of land lying and being in Land Lot 5 of the 7th District of Fayette County, Georgia and being more particularly described as follows:

Page 4959

Commencing at a point marked by an iron pin (3/4[UNK] pipe) at the Southwest corner of Land Lot 5; running thence North 05 degrees 40[UNK] 22[UNK] West along the West line of Land Lot 5 a distance of 1,503.97 ft. to a point on the Southwesterly Right of Way of Davis Road; running thence Southeasterly and Easterly along the Southwesterly and Southerly side of Davis Road and following the curvature thereof a distance of 1,496.3 ft. to a point; running thence South 05 degrees 40[UNK] 22[UNK] East a distance of 1,143.96 ft. to a point marked by an iron pin (2[UNK] pipe) on the South line of Land Lot 5; running thence South 84 degrees 52[UNK] 18[UNK] West along said South Land Lot line a distance of 1,440.12 ft. to the point of beginning. Said property contains 42.80 acres of land on plat of survey by R.M. Boyd Associates, Inc. dated June 18, 1984 and recorded at Deed Book 15, Page 77, Fayette County, Georgia Records. TRACT 6 All that tract or parcel of land lying and being in Land Lot 5 of the 7th District of Fayette County, Georgia and being more particularly described as follows: Commencing at a point marked by an iron pin (3/4[UNK] pipe) at the Northwest corner of Land Lot 5; running thence North 84 degrees 42[UNK] 58[UNK] East along the North line of Land Lot 5 a distance of 1,440.09 ft. to a point; running thence South 5 degrees 40[UNK] 22[UNK] East a distance of 1,796.0 ft. to a point on the Northerly Right of Way of Davis Road; running thence Westerly and Northwesterly along the Northerly and Northeasterly Right of Way of Davis Road and following the curvature thereof a distance of 1,496.55 ft. to the point of beginning. Said property contains 54.28 acres of land on Plat of Survey by R.M. Boyd Associates, Inc. dated June 18, 1984 and recorded at Plat Book 15, Page 77, Fayette County Records. Section 2 . All laws and parts of laws in conflict with this Act are repealed.

Page 4960

STATE OF GEORGIA COUNTY OF FAYETTE PUBLISHERS AFFIDAVIT Personally appeared before the undersigned officer in and for said State and County, GARY CORNWELL, who on oath deposes and says that he is the publisher and/or his representative of the Fayette County News, a newspaper in which advertisements appear for the Fayette County Sheriff and said paper being the legal organ for the County of Fayette, and does further state that a copy of an advertisement which is attached hereto, was published in said newspaper on the following date, to wit: February 17, 1988. /s/ Gary Cornwell Sworn to and subscribed before me this 18th day of February, 1988. /s/ Helen S. Teague Notary Public, Fayette County, Georgia My Commission Expires July 10, 1989 (SEAL) Notice of Intention To Introduce Local Legislation Notice is hereby given, pursuant to O.C.G.A. 28-1-14, that legislation will be introduced in the General Assembly of the State of Georgia at the 1988 session to deannex property annexed into the City limits of the City of Fayetteville by the Mayor and Council of the City of Fayetteville on November 2, 1987; and for other purposes. This 17th day of February, 1988. Paul W. Heard, Jr. Representative District 43 Approved April 7, 1988.

Page 4961

CITY OF NORCROSSNEW CHARTER. No. 1331 (House Bill No. 1899). AN ACT To create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority; to provide for the powers, duties, and authority of the city and its officers, officials, and employees and the citizens of the city; to provide for general and specific powers; to provide for construction of this charter and the powers of the city; to provide for the exercise of powers, functions, rights, and privileges and immunities; to provide for ordinances, policies, bylaws, rules, and regulations; to provide for a city council and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications, and vacancies in the office of councilmembers; to provide for a mayor and his term of office, election, duties, powers, authority, compensation, qualifications, and vacancies; to provide for disclosure of conflicts of interest and for prohibitions on holding certain offices or positions of employment, voting, and dealing with the city; to provide for inquiries and investigations; to provide for the general power and authority of the council; to provide for the organization and procedures of the mayor and council; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoptions; to provide for emergency ordinances; to provide for codes of technical regulations; to provide for submission of ordinances to the mayor and his power thereto; to provide for the codification of laws and ordinances; to provide for the executive branch of city government and its organization; to provide for departments and employees of city government; to provide for boards, commissions, and authorities; to provide for a city attorney and his appointment, qualifications, compensation, duties, powers, and authority; to provide for administrative officers, including a city clerk, city treasurer, and city accountant, and their appointment, qualifications, compensation, duties, powers, and authority; to provide for personnel administration; to provide for a municipal court

Page 4962

and its judges, jurisdiction, practices, procedures, powers, and authority; to provide for appeals and rules; to provide for elections and the practices, procedures, and requirements connected with such elections; to provide for the conduct of elections; to provide for special elections; to provide for the removal of elective officers and the practices and procedures connected therewith; to provide for the financial and fiscal administration of the city; to provide for taxation and the practices and procedures connected therewith; to provide for property taxes, tax levies, millage rate, tax due dates, tax bills; to provide for occupational and business taxes, other taxes allowed by law, sewer service charges, sanitary and health service charges, and special assessments; to provide for the collection of delinquent taxes and fees; to provide for the transfer of executions; to provide for borrowing by the city; to provide for general obligation bonds, revenue bonds, and short-term loans; to provide for accounting and budgeting procedures; to provide for a fiscal year; to provide for the preparation and submission of operating and capital improvement budgets; to provide for action by the council on operating and capital improvement budgets; to provide for property tax levies; to provide for appropriations; to provide for an independent audit; to provide for contracting procedures and purchasing and disposal of city property; to provide for municipal services and regulatory functions; to provide for a zoning board; to provide for official bonds; to provide for existing ordinances, resolutions, rules, and regulations; to provide for section captions; to provide for penalties; to provide for the existing personnel and officers; to provide for pending matters; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Norcross, approved February 11, 1977 (Ga. L. 1977, p. 2546), as amended; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS Section 1.11 . Incorporation. The City of Norcross, Georgia, in the County of Gwinnett and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Norcross, Georgia. Under that name,

Page 4963

said city shall continue to be invested with all the property which now belongs to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.12 . Corporate boundaries. (a) The boundaries of the City of Norcross 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 law. The current boundaries of the City of Norcross, at all times, shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Map (or Description) of the Corporate Limits of the City of Norcross, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the mayor and city council. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for 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 1.12A . Territory added to corporate boundaries. In addition to all other territory included therein under Section 1.12 of this charter, the corporate boundaries of the City of Norcross shall include the following tracts of land: Tract 1 - Parcel A All that tract or parcel of land lying and being in Land Lots 212 and 213 of the 6th District, Gwinnett County, Georgia,

Page 4964

and being more particularly described as follows: Beginning at the intersection of the Southwesterly right-of-way of Beaver Ruin Road and the Southwesterly right-of-way of Indian Trail Road; running thence Northwesterly along the Southwesterly right-of-way of Beaver Ruin Road, and following the curvature thereof, 618.48 feet to the existing corporate boundaries of the City of Norcross, Georgia; thence running in a generally Southerly direction along the existing corporate boundaries of the City of Norcross, Georgia, and following the direction thereof, to a point on the Northwesterly right-of-way of Indian Trail Industrial Parkway; thence running Northeasterly along the Northwesterly right-of-way of Indian Trail Industrial Parkway, and following the curvature thereof, 1,455.49 feet, more or less, to an iron pin on the Southwesterly right-of-way of Indian Trail Road; thence running Northwesterly along the Southwesterly right-of-way of Indian Trail Road, and following the curvature thereof, 846.31 feet, more or less, to the point of beginning; PLUS that portion of Indian Trail Industrial Parkway running from the existing corporate boundaries of the City of Norcross, Georgia, to Indian Trail Road; LESS AND EXCEPT those premises located at 2055-A Beaver Ruin Road, Norcross, Georgia, according to the present system of numbering in Gwinnett County, Georgia. Tract 1 - Parcel B All that tract or parcel of land lying and being in Land Lot 213 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at the intersection of the Southwesterly right-of-way of Indian Trail Road and the Northwesterly right-of-way of Interstate Highway 85; thence running South 4344[UNK]45[UNK] West 239.79 feet to an iron pin found on the Northwesterly right-of-way of Interstate Highway 85; thence running Southwesterly along the Northwesterly right-of-way of Interstate Highway 85, and following the curvature thereof, 1,874.3 feet, more or less, to the existing corporate boundaries of the City of Norcross, Georgia; thence running Northwesterly along the existing corporate boundaries of the City of Norcross, Georgia, and following the direction thereof, 738 feet, more or less, to a point on the Southeasterly right-of-way of Indian Trail Industrial Parkway; thence running Northeasterly along the Southeasterly right-of-way of Indian Trail Industrial Parkway,

Page 4965

and following the curvature thereof, 2,168.2 feet, more or less, to an iron pin on the Southwesterly right-of-way of Indian Trail Road; thence running Southeasterly along the Southwesterly right-of-way of Indian Trail Road, and following the curvature thereof, 630.49 feet, more or less, to the point of beginning. Tract 2 - Parcel A All that tract or parcel of land lying and being in Land Lots 223 and 224 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows: Beginning at the intersection of the Northerly right-of-way of Western Hills Drive and the Easterly right-of-way of Norcross Tucker Road; thence running Northeasterly along the Easterly right-of-way of Norcross Tucker Road, and following the curvature thereof, 676.73 feet, more of less, to an iron pin; thence running North 6649[UNK] East 150.09 feet to an iron pin on the Land Lot line common to Land Lots 223 and 224; thence running North 8948[UNK] East 308.6 feet to an iron pin; thence running South 2311[UNK] East 170 feet to an iron pin; thence running in a generally Southeasterly direction along the property line of property now or formerly owned by Tatum, 360 feet, more or less, to an iron pin placed; thence running South 6650[UNK] West 550 feet to the point of beginning. Tract 2 - Parcel B All that tract or parcel of land lying and being in Land Lot 224 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at a point 627.90 feet Northeasterly from the intersection of the Northwesterly right-of-way of Western Hills Drive and the Northeasterly right-of-way of Norcross Tucker Road; running thence Northeasterly 265.56 feet to a point located at the Northwest corner of Lot 1, Block C of Unit One, Western Hills, as shown on plat recorded in Plat Book 5, page 264, Gwinnett County, Georgia Records; running thence Southeasterly along the Southwestern line of said Lot 1, Block C, 110 feet to the Northern side of Western Hills Drive; running thence along an arc to the right 116.07 feet to a point; running thence along an arc to the left 178.90 feet to the point of beginning; PLUS that portion of Western Hills Drive running from Norcross Tucker Road to Unit One,

Page 4966

Western Hills, as per plat recorded in Plat Book 5, page 264, Gwinnett County, Georgia Records, incorporated herein by reference. Tract 3 All that tract or parcel of land lying and being in Land Lots 241 and 242 of the 6th District, Gwinnett County, Georgia, being Lots No. 3 through 29, 39, 40, 40A, 41, 41A and 42A of the subdivision of the H.C. Magness Estate, as per plat recorded in Plat Book D, page 127, Gwinnett County, Georgia Records, incorporated herein by reference. Tract 4 - Parcel A All that tract or parcel of land lying and being in Land Lots 241 and 242 of the 6th District, Gwinnett County, Georgia, being designated as Parcel No. 6-242-12 by the Tax Commissioner's Office of Gwinnett County, Georgia, as shown on the Tax Plats of Land Lots 241 and 242 of the 6th District, Gwinnett County, Georgia, incorporated herein by reference; said property containing 3.57 acres, more or less, and being now or formerly owned by Roy Sanders, and being bounded by the existing corporate boundaries of the City of Norcross, Georgia. Tract 4 - Parcel B All that tract or parcel of land lying and being in Land Lot 241 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at a point and an iron pin stake 177.90 feet South 3553[UNK] East from an iron pin stake situated on the Southeast right-of-way of U. S. Highway 23; thence continuing South 3553[UNK] East a distance of 150.00 feet to an iron pin stake; thence running South 5407[UNK] West a distance of 100.00 feet to an iron pin stake; thence running North 3553[UNK] West a distance of 150.00 feet to an iron pin stake; thence running North 5407[UNK] East a distance of 100.00 feet to the point of beginning; said property containing 0.345 acres, more or less. Tract 5 - Parcel A All that tract or parcel of land lying and being in Land Lot 256 of the 6th District, Gwinnett County, Georgia, and being

Page 4967

more particularly described as follows: Beginning at an iron pin at the intersection of the Northwesterly right-of-way of U.S. Highway 23 and the Southwesterly right-of-way of Langford Road; running thence Northwesterly along the Southwesterly right-of-way of Langford Road, and following the curvature thereof, 300 feet, more or less, to the existing corporate boundaries of the City of Norcross, Georgia; running thence in a generally Southwesterly direction along the existing corporate boundaries of the City of Norcross, Georgia, and following the direction thereof, to an iron pin found on the Northwesterly right-of-way of U.S. Highway 23; running thence Northeasterly along the Northwesterly right-of-way of U.S. Highway 23, and following the curvature thereof, 500 feet, more or less, to the point of beginning. Tract 5 - Parcel B All that tract or parcel of land lying and being in Land Lot 256 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at an iron pin at the intersection of the Southeasterly right-of-way of U.S. Highway 23 and the Southwesterly right-of-way of Langford Road; running thence South 4600[UNK] East along the Southwesterly right-of-way of Langford Drive 303.7 feet to an iron pin on the Northwesterly right-of-way of Norcross-Lawrenceville Road (also known as Simpson Circle); running thence Southwesterly along the Northwesterly right-of-way of Norcross-Lawrenceville Road (also known as Simpson Circle), and following the curvature thereof, 1,019.42 feet, more or less, to an iron pin on the Southeasterly right-of-way of U.S. Highway 23; running thence Northeasterly along the Southeasterly right-of-way of U.S. Highway 23, and following the curvature thereof, 990.82 feet, more or less; to the point of beginning; PLUS that portion of U.S. Highway 23 running from the existing corporate boundaries of the City of Norcross, Georgia, to Langford Road; PLUS that portion of Norcross-Lawrenceville Road (also known as Simpson Circle) running from U.S. Highway 23 to Langford Road. Tract 6 All that tract or parcel of land lying and being in Land Lot 256 of the 6th District, Gwinnett County, Georgia, and being

Page 4968

more particularly described as follows: Beginning at the point of intersection of the Southerly right-of-way of Langford Road and the existing corporate boundaries of the City of Norcross, Georgia North of the Southern Railroad right-of-way; running thence Northwesterly along the Southerly right-of-way of Langford Road, and following the curvature thereof, 691 feet, more or less, to an iron pin; running thence South 5608[UNK] West 762.35 feet to an iron pin; running thence South 3155[UNK] East 665 feet, more or less, to the existing corporate boundaries of the City of Norcross, Georgia; running thence Northeasterly along the existing corporate boundaries of the City of Norcross, Georgia, and following the direction thereof, to the point of beginning. Tract 7 All that tract or parcel of land lying and being in Land Lot 274 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: beginning at the intersection of the Southeasterly right-of-way line of Atlantic Boulevard and the Southwesterly right-of-way line of Holcomb Bridge Road; running thence South 6208[UNK]30[UNK] East along the Southwesterly right-of-way line of Holcomb Bridge Road a distance of 96.57 feet to a point on said Southwesterly right-of-way line; running thence Southeasterly along the Southwesterly right-of-way line of Holcomb Bridge Road, and following the curvature thereof, a distance of 311.84 feet to a point on said Southwesterly right-of-way line, said distance being measured along the arc of a curve to the right having a radius of 2,814.79 feet and having a chord distance of 311.68 feet along a line bearing South 5838[UNK]45[UNK] East; running thence South 5544[UNK]45[UNK] East along the Southwesterly right-of-way line of Holcomb Bridge Road a distance of 361.70 feet to a point on said Southwesterly right-of-way line; running thence South 3021[UNK]45[UNK] East a distance of 137.25 feet to an iron pin; running thence South 6029[UNK]30[UNK] West a distance of 1,269.97 feet to an iron pin; running thence South 6049[UNK]30[UNK] West a distance of 133.88 feet to an iron pin located on the Southeasterly right-of-way line of Atlantic Boulevard; running thence North 2222[UNK]30[UNK] East along the Southeasterly right-of-way line of Atlantic Boulevard a distance of 1,319.40 feet to the point of beginning, being shown on that certain plat of survey prepared for M. D. Hodges

Page 4969

Enterprises, Inc., by Nelson F. Goetz, Georgia Registered Land Surveyor No. 1879, and which was updated on February 21, 1984, and comprising 13.853 acres as shown on said plat of survey. Tract 8 All that tract or parcel of land lying and being in Land Lots 273 and 274 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at an iron pin located at the intersection of the Northeasterly right-of-way line of Holcomb Bridge Road and the Southeasterly right-of-way line of Peachtree Industrial Boulevard; thence running Southeasterly along the Northeasterly right-of-way line of Holcomb Bridge Road, and following the curvature thereof, 1,033.20 feet, more or less, to an iron pin located at the intersection of the Northwesterly right-of-way line of Peachtree Corners East and the Northeasterly right-of-way line of Holcomb Bridge Road; thence running Northeasterly along the Northwesterly right-of-way line of Peachtree Corners East, and following the curvature thereof, 1,990.12 feet, more or less, to an iron pin located at the intersection of the Southeasterly right-of-way line of Peachtree Industrial Boulevard and the Southwesterly right-of-way line of Peachtree Corners East; thence running Southwesterly along the Southeasterly right-of-way line of Peachtree Industrial Boulevard, and following the curvature thereof, 2,040.49 feet, more or less, to the point of beginning; PLUS that portion of Holcomb Bridge Road running from the existing corporate boundaries of the City of Norcross, Georgia to Peachtree Industrial Boulevard. Tract 9 All that tract or parcel of land lying and being in Land Lots 273 and 274 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning at a concrete monument on the Southeasterly right-of-way line of Peachtree Industrial Boulevard at a point where the right-of-way commences to widen in a Northeasterly direction to intersect with Miller Road; thence running Southwesterly along the Southeasterly right-of-way line of Peachtree Industrial Boulevard, and following the curvature thereof, 2,013.19

Page 4970

feet, more or less, to an iron pin at the intersection of the Southeasterly right-of-way line of Peachtree Industrial Boulevard and the Northeasterly right-of-way line of Peachtree Corners East; thence running Southerly and Southwesterly along the Northeasterly and Southerly right-of-way line of Peachtree Corners East, and following the curvature thereof, 2,083.91 feet, more or less, to an iron pin at the intersection of the Southerly right-of-way line of Peachtree Corners East and the Northeasterly right-of-way line of Holcomb Bridge Road; thence running Southeasterly along the Northeasterly right-of-way line of Holcomb Bridge Road, and following the curvature thereof, 862.82 feet, more or less, to the existing corporate boundaries of the City of Norcross, Georgia; thence running Northeasterly along the existing corporate boundaries of the City of Norcross, Georgia, and following the direction thereof, to an iron pin on the Eastern property line of property now or formerly owned by Warbington; thence running Northwesterly along the Eastern property line of said property now or formerly owned by Warbington, 520 feet, more or less, to an iron pin; thence North 5937[UNK] East 284.6 feet to an iron pin; thence North 8005[UNK] East 41.0 feet to an iron pin; thence South 7654[UNK] East 121.7 feet to an iron pin; thence South 8417[UNK] East 99.2 feet to an iron pin; thence South 6630[UNK] East 99.5 feet to an iron pin; thence North 5945[UNK] East 123.8 feet to an iron pin; thence North 5748[UNK]06[UNK] East 697.29 feet to an iron pin; thence North 3132[UNK]50[UNK] West 499.11 feet to an iron pin; thence North 5949[UNK]20[UNK] East 1,231.84 feet to a point; thence running North 3108[UNK]6[UNK] West 539.56 feet to an iron pin on the Southwesterly right-of-way line of Miller Road; thence running Northwesterly along the Southwesterly right-of-way line of Miller Road, and following the curvature thereof, 91.45 feet to a concrete monument on the Southwesterly right-of-way of Miller Road; running thence South 8747[UNK]17[UNK] West 157.34 feet to the point of beginning; PLUS that portion of the right-of-way of Peachtree Corners East running from Peachtree Industrial Boulevard to Holcomb Bridge Road. Tract 10 All that tract or parcel of land lying and being in Land Lots 271 and 272 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows: Beginning

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at a right-of-way monument located at the intersection of the Westerly right-of-way line of Medlock Bridge Road and the Southerly right-of-way line of Peachtree Industrial Boulevard; thence running South 8231[UNK]35[UNK] East 112.04 feet to a right-of-way monument located on the Westerly right-of-way line of Medlock Bridge Road; thence running Southerly along the Westerly right-of-way line of Medlock Bridge Road, and following the curvature thereof, 2,435.09 feet, more or less, to a point at the intersection of the Westerly right-of-way line of Medlock Bridge Road and the Northerly right-of-way line of Miller Road; thence running Northeasterly along the Northerly right-of-way line of Miller Road, and following the curvature thereof, 3,453.25 feet, more or less, to a concrete monument located at the intersection of the Southerly right-of-way line of Peachtree Industrial Boulevard and the Northerly right-of-way line of Miller Road; thence running Northeasterly along the Southerly right-of-way line of Peachtree Industrial Boulevard, and following the curvature thereof, 3,463.53 feet, more or less, to the point of beginning; PLUS that portion of the right-of-way of Miller Road running from Peachtree Industrial Boulevard to Medlock Bridge Road; LESS AND EXCEPT those premises located at 5390 Peachtree Industrial Boulevard, Norcross, Georgia, according to the present system of numbering in Gwinnett County, Georgia. Section 1.13 . Powers and construction. (a) 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 present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally 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. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs.

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(c) In construing this charter, the following definitions shall apply: (1) Appointed officer where used herein shall mean all administrative officers, which include the city clerk, city treasurer, city attorney, city accountant, city engineer, and all directors or heads of departments. It shall not include members of boards, commissions, or authorities. (2) City council where used herein shall mean the elected officers of the City of Norcross which include the mayor and five councilmembers. The mayor shall vote on all matters in the event of a tie. (3) Department head where used herein shall be synonymous with department directors. (4) Mayor and city council where used herein shall mean the mayor shall vote as a councilmember on said matters before the city council. Section 1.14 . Powers. The corporate powers of the government of the City of Norcross, to be exercised by the mayor and city council, shall include, but not be limited to, the following: (1) 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; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes

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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 this city; (4) Building regulations. To regulate and to license 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 and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, 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 the failure to pay any city taxes or fees; (6) 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, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside 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; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;

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(10) 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 for the operation of the city from all individuals, firms, and corporations residing in or doing business therein; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) 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; (12) 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; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, on or off the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, authorities, 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 the same;

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(17) 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; (18) 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; (19) 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; (20) 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, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, rules and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and 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; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;

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(24) Planning and zoning. To provide comprehensive city planning for development by zoning, including implementation of a land use plan and enforcement of the goals and objectives in the land use plan; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. 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, public housing, hospitals, sewers, drains, sewerage treatment, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such other purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services

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and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (31) 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, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for elected officers and employees of the city; (33) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, and under any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping,

Page 4978

operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) 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 provide for the sale of all solid waste; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To provide for the collection of special assessments to cover the cost of any public improvements; (38) Taxes: Ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such

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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 the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and 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 1.15 . 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 or as provided by pertinent laws of the State of Georgia. The full faith and credit of the City of Norcross shall be behind all elected officers, appointed officers, employees, members of boards, commissions, and authorities, and the city will indemnify them, to the extent allowed by law, for all costs and judgments suffered as a result of any and all actions taken pursuant to their official capacity as officials for the City of Norcross. ARTICLE II GOVERNING BODY Section 2.10 . City council creation; composition; number; election. The legislative authority of the government of the City

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of Norcross, Georgia, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in a manner provided by Article V of this charter. Section 2.11 . City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city for a period of not less than two years immediately prior to the date of the election of mayor or member of the city council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City of Norcross, Georgia, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. No term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to procedures established by state law, and the mayor and councilmembers elected under the previous charter of the City of Norcross which is repealed by Section 9.17 of this charter shall continue to serve until their successors are elected as provided in this charter. Section 2.12 . Vacancy; filling of vacancies; suspensions. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. (b) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter.

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Section 2.13 . Compensation and expenses. The mayor and councilmembers shall receive as compensation for their services an amount prescribed by ordinance passed by the city council in conformity with the laws of the State of Georgia. The mayor and councilmembers shall be entitled to receive their expenses incurred in the performance of their duties of office. Section 2.14 . Conflicts of interest; holding other offices. (a) No elected officer, appointed officer, employee, or member of a board, commission, or authority of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; and

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(6) Vote or otherwise participate in the negotiations or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city 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 councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected officer, 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 officer, appointed officer, employee, or member of a board, commission, or authority of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity 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 a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilmember shall hold any employed position in the city until one year after the expiration of the term for which he was elected. (f) No department director, department, head, employee, or member of any board, commission, or authority of the city shall continue in such position or employment upon qualifying as a candidate for nomination or election to any public office.

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(g) (1) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city who knowingly conceals such financial interest or knowingly violates any of the requirements of this section applicable to his respective office or position shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any elected officer, appointed officer, employee, or member of a board, commission, or authority of the city who shall forfeit his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15 . Inquiries and investigations. The mayor and 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 mayor and city council shall be punished as provided by ordinance. Section 2.16 . General power and authority of the city council. (a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Norcross, Georgia, as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, 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, or well-being of the inhabitants of the City of Norcross, Georgia, and may enforce such ordinances by imposing penalties for violations thereof. (c) The city council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the

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city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. Section 2.17 . Eminent domain. The city council is empowered to acquire, construct, build, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewerage treatment, waterworks, electrical systems and charitable, education, recreational and sport institutions, agencies, and facilities and any other public improvement inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned utilizing procedures enumerated in Chapter 22 of the O.C.G.A., subject to such amendments as shall be enacted, or any other applicable Georgia law. Section 2.18 . Organizational meeting. The city council shall hold an organizational meeting on or before the second Monday in January. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of the City of Norcross, Georgia, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Following the induction of members, one councilmember shall be appointed to serve as mayor pro tempore pursuant to the procedures set forth in Section 2.27 of this charter. Section 2.19 . Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. The city 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. Notice to the public shall be made in the manner required by law. (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

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personally, or by telephone personally, or shall be left at their residences at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. Any matter which requires action by the city council in less than 24 hours will be governed by the emergency provisions set forth in Section 2.24 of this charter. (c) All meetings of the city council shall be public to the extent required by law. The city council may hold executive sessions privately before or after public meetings, but the ayes and nays of any balloting shall be recorded at the conclusion of such executive sessions. Notice to the public of special meetings shall be made as fully as is reasonably possible at least one day prior to such meeting. Section 2.20 . Rules of procedure. (a) Unless otherwise provided by ordinance, rules of procedure for meetings of the city council shall follow Robert's Rules of Order . The city council shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairmen of the city council shall be appointed by the mayor and confirmed by the city council and shall serve at the pleasure of the mayor and city council. Following the procedure herein described, the mayor and city council shall have the power to appoint new members to any committee at any time. Section 2.21 . Quorum; voting. The mayor (or mayor pro tempore when presiding) and three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, when a quorum is present, the affirmative vote of a majority of those present shall be required for the adoption of any ordinance, resolution, or motion.

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Section 2.22 . Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. Section 2.23 . 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 Norcross, Georgia, hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any member of the city council 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. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.24 . Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.25 . Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations

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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 subsection (b) of Section 2.23 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (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 that purpose all ordinances adopted by the city council. Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto, with this charter, any amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Norcross, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be typed or printed promptly following its adoption, and the ordinance 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 of the City of Norcross, Georgia, and at all times thereafter, the ordinances and charter amendments shall be typed or printed in substantially the same style as the code

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currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with 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 2.27 . Mayor pro tempore. The city council shall appoint a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence when the city council is advised by the mayor of his disability or absence or when any such disability or absence shall be declared by a majority vote of the city council. Section 2.28 . Powers and duties of mayor. The mayor shall be the chief executive official of the city and chief advocate of policy. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Except as otherwise specifically provided herein, vote only in case of a tie on matters before the city council and be counted toward a quorum as any other councilmember; (6) In conjunction with department heads, prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (7) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting

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which shall include all business submitted by the mayor or any councilmember; and (8) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish. ARTICLE III EXECUTIVE BRANCH Section 3.10 . Administrative and service departments. (a) The mayor and city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of the city. The mayor and city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the direct supervision and guidance and to general supervision and guidance of the mayor and city council. (c) Except as otherwise provided by this charter, the directors or department heads and other appointed officers of the city shall serve at the pleasure of the mayor and city council. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.

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(e) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.11 . Boards, commissions, and authorities. (a) The city council may create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasijudicial, 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 mayor and confirmed by the city 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 law. (c) Except as otherwise provided by charter or by law, no voting member of any board, commission, or authority shall hold any elective office in the city. (d) Any vacancy in the office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for the original appointment, except as otherwise provided by this charter or by law. (e) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance of the city council and administered by the mayor. (f) Any member of a board, commission, or authority may be removed from office by a vote of a majority of the members of the city council. (g) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of members of boards, commissions, and authorities in the performance of their official duties.

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(h) The qualifications required of members of boards, commissions, and authorities shall be prescribed by ordinance. (i) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year, and may elect as its secretary an employee of the city. Each board, commission, or authority of the city government may establish (after approval by the mayor and councilmembers) such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. Section 3.12 . City clerk. The mayor and city council shall appoint a city clerk who shall not be a councilmember but who may be an employee of the city. The city clerk shall keep a journal of the proceedings of the city council and maintain in a safe place all records and documents pertaining to the affairs of the city and perform such other duties as may be required by ordinances. Section 3.13 . City treasurer. The mayor may appoint and the city council shall confirm a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city. The city treasurer shall diligently comply with and enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. Section 3.14 . City attorney. The mayor and city council shall appoint a city attorney, together with such assistant city attorneys, as may be authorized by ordinance. The city council 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 city 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 by virtue of his position as city attorney.

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Section 3.15 . City accountant. The mayor may appoint and the city council shall confirm a city accountant to perform the duties of an accountant. Section 3.16 . Consolidation of functions. The mayor and city council may consolidate any two or more of the positions of city clerk, city treasurer, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.17 . Position classification and pay plans. The mayor and city council shall be responsible for the preparation of a position classification and pay plan. Said plan may apply to all employees of the City of Norcross, Georgia, and any of its agencies and offices. When a pay plan has been adopted, the city council shall not increase or decrease the grade or step categories of individual employees except by amendment of said pay plan. For the purposes of this section, all elected and appointed city officers are not city employees. However, nothing contained herein shall prevent the city clerk from holding an employed position with the city. Section 3.18 . Personnel policies. The mayor and city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city.

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ARTICLE IV MUNICIPAL COURT Section 4.10 . Creation. There is established a court to be known as the Municipal Court of the City of Norcross which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority: to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal courts to the extent of and in accordance with the provisions of such laws and all law subsequently enacted amendatory thereof. Section 4.11 . Chief judge; associate judge; solicitor. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by 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 shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor and confirmed by the city council and shall serve at the pleasure of the mayor and city council. (c) Compensation of the judges shall be fixed by the city council by ordinance. (d) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

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(e) At the request of the presiding municipal judge, a solicitor and an assistant solicitor may be appointed by the mayor and confirmed by the city council. The method of selection and terms of such solicitors shall be provided by ordinance. Section 4.12 . Convening. The municipal court shall be convened at such times as designated by ordinance or at such times as the court deems necessary to keep current the dockets thereof. Section 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. The municipal judge may appoint counsel as required by law at the request of any person sentenced to a jail term who is found to be indigent. (d) The municipal court shall have the authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to 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 bond 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 may be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond or security for the appearance of a defendant at trial and

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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 Norcross, 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 state law has been violated. (g) The municipal court shall have the same authority as superior courts to administer oaths as are necessary and to perform all other acts necessary and proper to the conduct of said court. (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 law. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of the City of Norcross granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 4.14 . Appeal and certiorari. (a) A review of a decision of the municipal court, in the case of traffic violations, may be by direct appeal to the superior court, and any bond as may be required to secure the costs of appeal to the Superior Court of Gwinnett County, Georgia, from the municipal court shall lie as prescribed by law. An appeal to the superior court shall not be a de novo proceeding. (b) The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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Section 4.15 . Rules of court. With the approval of the city council, the municipal 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 applicable to the superior courts under the laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V 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 . Regular elections; time for holding. The city council shall cause an election to be held at the city hall or such other place in the city as the city council shall direct and designate. The date of all general municipal elections occurring before January 1, 1993, shall be specified by municipal ordinance. All general municipal elections held subsequent to the above date shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Each elected officer shall serve for a term of four years, the term beginning the day and hour of taking the oath of office as provided in Article II, Section 2.18 of this charter. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law. Section 5.12 . Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the city council, by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as it deems necessary to fulfill any options and duties under Chapter 3 of Title

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21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.13 . Election by majority vote. The mayor and councilmembers shall be elected by a majority vote of the votes cast for each position. The procedures and requirements for election of all elected officers of the city shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Section 5.14 . Special elections; vacancies. In the event that the office of the mayor or any councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within nine months of the expiration of the term of office of the mayor or any councilmember, said vacancy in office shall be filled by appointment by the remaining members of the city council. In all other respects, a 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, as now or hereafter amended. Section 5.15 . Grounds for removal. (a) The mayor and any councilmember shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any 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 state law.

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(b) Removal of an elected officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) Removal of an elected officer from office may be accomplished by two-thirds of the vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Norcross, Georgia. ARTICLE VI FINANCE AND FISCAL Section 6.10 . Property taxes. All property subject to taxation for state and county purposes, assessed as of January 1 in each year, shall be subject to any property tax levied by the City of Norcross. The city shall use the county assessment for the year in which the city taxes are to be levied. The county is to furnish appropriate information for such purpose unless otherwise directed by state law. The maximum, general operation millage rate will be 15 mills. Section 6.11 . Property tax levy. The city council shall assess and collect an ad valorem tax on all real and personal property within the corporate limits of the city as permitted by state law for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.

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Section 6.12 . Millage rate; due dates and payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of the taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 6.13 . Occupational and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not prohibited by 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 city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.19 of this charter. Section 6.14 . 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 law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.19 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. Section 6.15 . Sewer service charges. The city council by ordinance shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both inside and outside the corporate limits of the city, to provide for the total cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority to liens for county and city property taxes and shall

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be enforceable in the same manner and under the same remedies as a lien for city property taxes as provided in Section 6.19 of this charter. Section 6.16 . Sanitary and health service charges. The city council, by ordinance, shall have authority to provide for, to enforce, to levy, and to collect the total costs of sanitary and health services provided or made available inside or outside the corporate limits of the city. 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 assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, superior to all other liens except liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes as provided in Section 6.19 of this charter. Section 6.17 . Special assessments. The city council, by ordinance, shall have the power and authority to assess and collect impact fees or other special assessment fees to cover all or part of the cost of constructing, reconstructing, or improving any public way, street, sidewalk, curbing, gutters, sewers, water systems, or other utility mains and appurtenances, against the abutting property owners or the owners of any property having a constitutionally sufficient nexus to the needed public improvement under such reasonable terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fieri facias charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 9 percent per annum from date due until paid. A lien shall exist against the affected property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes; and said lien shall be enforceable by the same procedure and under the same remedies as a lien for city property taxes as provided in Section 6.19 of this charter. Section 6.18 . Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by

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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 6.19 . Collection of delinquent taxes and fees. The city council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenues due the city under Sections 6.10 through 6.18 of this charter by fieri facias issued by the city clerk and executed by any police officer of the city under the same procedure provided by the law governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. The city council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not exceeding the maximum rate of interest allowable under the laws of Georgia. 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 city council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city. Section 6.20 . Transfer of executions. The city clerk shall be authorized to assign or transfer any fieri facias 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 fieri facias, provided that, upon levy of execution and sale of property pursuant to such tax fieri facias, whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fieri facias, as said requirements now exist or may be hereinafter provided by law. Section 6.21 . 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 issuance by municipalities in effect at the time said issue is undertaken.

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Section 6.22 . 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 revenues produced by the project, program, or venture for which they were issued. Section 6.23 . Short-term loans. The city may obtain short-term loans between January 1 and December 31 of each year and must repay such loans not later than December 31 of each year. Section 6.24 . 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 for each and every office, department, institution, agency, and activity of the city government, unless otherwise provided by state or federal law. Section 6.25 . Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. Section 6.26 . Submission of the operating budget to the 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, in conjunction with all department heads of the city, shall prepare and submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.27 . Action by city council on operating budget. (a) The city council may amend the proposed operating budget, except that the budget as finally amended and adopted must

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provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing year not later than the last day of the old 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. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable unless authorized by the city council. (d) The city council shall be authorized to establish a tax millage rate each year to ensure that the necessary revenue will be available to meet the appropriations provided for in said budget. The tax millage rate levied by the city council shall not exceed 15 mills to cover general operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness. Section 6.28 . Changes in appropriations. The city council may make changes in the appropriations in addition to those contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. Section 6.29 . 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 in conjunction with all department heads of the city shall prepare

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and 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 the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were 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. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.30 . 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 mayor and confirmed 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 costs to the public. Section 6.31 . Procurement and property management; contracting procedures. All contracts shall be made or authorized by the city council and no contracts shall bind the city unless: (1) It is in writing; (2) In event a contract for goods or services is in excess of $500.00, it shall be drawn by or submitted and reviewed by the city attorney and, as a matter of course, shall be signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.

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Section 6.32 . Centralized purchasing. The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.33 . 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 now or hereafter provided by 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 by the city council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (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 when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10 . Municipal services; streets. The city council shall have the power and authority to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares, and sidewalks of the city. The city council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys, or sidewalks, or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose.

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Section 7.11 . Municipal utilities. The city council shall have the power and authority to acquire, own, hold, build, maintain, and operate a system of waterworks, electric lights, sewerage systems; to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both inside and outside the corporate limits; and to contract to furnish the services of said systems to consumers outside the corporate limits of the city. Section 7.12 . Sewers and drains. The city council shall have the power and authority to provide for the establishment, extension, and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the city is granted the power of eminent domain both inside and outside the corporate limits. The city council may provide by ordinances for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into the same when such services are made available. They may cause said connection to be made when the owners refuse and issue executions to be made for the amount so expended, which executions shall create a lien on the property connected with said water and sewerage system from the date of the order or connection. Section 7.13 . Rights of way. The city shall have the right, easement, and franchise of laying the necessary mains, pipes, conduits, and drains, for waterworks and sewerage system purposes along the highways in the County of Gwinnett, without cost; it shall have full power and authority to enact and enforce such rules and regulations, and ordinances as may be necessary to protect the water basin and watershed from which the water supply is taken from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated inside or outside the corporate limits of the city. Section 7.14 . Power to regulate and license. The city council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession, or any and every other undertaking

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pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the city, regardless of whether or not the subject has an office or establishment within the city. The city council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and State of Georgia. This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents, and any other legal entity capable of transacting business. Section 7.15 . Franchises. The city council shall have the authority to exercise control over the streets of the city. The power is conferred upon the city council to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. This franchise right extends to, but is not limited to, the erection of poles, stringing wires, laying of pipes, lines, or conduits both above and below the ground surface. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in the registration book kept by her or him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.16 . Building, housing, electrical, and plumbing regulations. The city council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring, and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion

Page 5008

of the council, be exercised by adoption of any such standard building, housing, gas, heating and air conditioning, electrical, and plumbing codes as may be deemed proper. The city council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted and to charge reasonable fees for inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical, or plumbing work. The city council may enact all ordinances necessary to enforce such rules and regulations. ARTICLE VIII ZONING Section 8.10 . Zoning board. The mayor shall appoint and the city council shall confirm a planning and zoning board and adopt ordinances and regulations for the administration thereof. The zoning board shall be advisory in nature and must view all matters before them in full recognition of the criteria set forth in the City of Norcross land use plan. Section 8.11 . Zoning board of appeals. The mayor may appoint and the city council shall confirm a zoning board of appeals to hear cases involving variances from the zoning rules and regulations. ARTICLE IX GENERAL PROVISIONS Section 9.10 . Bonds for officials. The officers and employees of the city, both elective and appointive, shall execute such surety or fidelity bonds in the amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provide by law. Section 9.11 . Existing ordinances, resolutions, rules and regulations. Existing ordinances, resolutions, rules and regulations of the City of Norcross not in conflict with the provisions of this charter shall continue in force, unless repealed or amended by the city council. To the extent the Code of the City of Norcross conflicts with this charter, the charter shall control. Existing rules and regulations of departments or agencies not in conflict with the provisions of this charter shall continue in force until they have been repealed or amended.

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Section 9.12 . Construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 9.13 . Penalties. The violation of any provision of this charter, for which a penalty is not specifically provided for herein, shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 9.14 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. Section 9.15 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. Section 9.16 . If any article, section, subsection, paragraph, sentence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the 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.

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Section 9.17 . Specific repealer. An Act incorporating the City of Norcross, in the County of Gwinnett, approved February 11, 1977 (Ga. L. 1977, p. 2546), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 9.18 . 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 for passage at the 1988 Session of the General Assembly of Georgia, a local bill to amend the Charter of the city of Norcross, Georgia (Ga. L. 1977, p. 2546), so as to authorize the extension of the corporate boundaries of the City of Norcross, Georgia, in accordance with Section 1.12 of the City Charter and by law, and to repeal conflicting laws. A copy of the proposed Amendment is on file in the Office of the City Clerk of the council of the City of Norcross, Georgia, for purposes of examination and inspection by the public. This the 27 day of January, 1988. /s/ Gary S. Cobb Gary S. Cobb, Mayor City of Norcross /s/ Peter F. Boyce Peter F. Boyce, City Attorney PUBLISHER'S AFFIDAVIT STATE OF GEORGIA-COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Thomas D. Jones, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in

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said County and that Notice of intention to introduce Local Legislation (G.L. 1977 P. 2546) G-5688 City of Norcross was published on Feb 5, 1988. /s/ T. D. Jones Thomas D. Jones, Publisher Gwinnett Daily News Subscribed and sworn to before me this 5th day of February, 1988. /s/ Glynn M. Martin Notary Public, Gwinnett County, Georgia (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced for passage at the 1988 Session of the General Assembly of Georgia, a local bill entitled as follows: A bill to be entitled as Act to Create a New Charter for the City of Norcross, Georgia; to prescribe the corporate limits of said City; to provide for the government and its corporate powers; to provide for a governing authority of said City, and for the election, terms of office, and powers and duties of the members thereof; to provide for all matters relative to the foregoing; to provide for severability; to repeal specific acts; to repeal conflicting laws; and for other purposes. This the 27 day of January, 1988. /s/ Gary S. Cobb Gary S. Cobb, Mayor City of Norcross /s/ Peter F. Boyce Peter F. Boyce, City Attorney /s/ Gren Mauldin City Clerk

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PUBLISHER'S AFFIDAVIT STATE OF GEORGIA-COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Thomas D. Jones, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that Notice of intention to introduce Local Legislation Act to create a new Charter G 5687 City of Norcross was published on Feb 5, 1988. /s/ T. D. Jones Thomas D. Jones, Publisher Gwinnett Daily News Subscribed and sworn to before me this 5th day of February, 1988. /s/ Glynn M. Martin Notary Public, Gwinnett County, Georgia (SEAL) Approved April 11, 1988.

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METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYTRANSPORTATION SERVICES CONTRACTS; FINANCING; TAX. No. 1354 (House Bill No. 1513). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to change which entities may enter into rapid transit contracts; to provide for transportation services contracts between the Authority and political subdivisions of the state and other entities and provide for conditions and procedures relating thereto; to provide for financing certain rapid transit contracts with the proceeds derived from a reduced rate of the retail sales and use tax for certain local governing bodies under certain conditions and procedures and provide for the full rate of the tax under other conditions and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking subsection (b) of Section 24 thereof and inserting in its place a new subsection (b) to read as follows: (b) The Authority and the local governing body of the City of Atlanta and each of the counties of Fulton, DeKalb, Clayton and Gwinnett, and of the county of Cobb if it hereafter determines to participate in the Authority as provided in this Act, subject to such limitations as are hereinafter in this Section set forth, may negotiate and determine the extent of financial participation and the time or times such financial participation may be required with respect to each of the local governments in order to finance provision for a rapid transit system through the joint instrumentality of the Authority. Except as provided in Section 24A of this Act, such

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determination shall take the form of a rapid transit contract to be entered into between the Authority and the local government. The final execution of a rapid transit contract shall be completed in every instance in the manner hereinafter set forth in this Section 24. Section 2 . Said Act is further amended by adding between Sections 24 and 25 thereof a new Section 24A to read as follows: Section 24A. Transportation services contracts. (a) Notwithstanding the provisions of Section 24 of this Act or any other provision of this Act, the Authority may execute a transportation services contract with any county, municipality, special tax or community improvement district, political subdivision of this state, or any combination thereof being or lying within the counties of Clayton, Cobb, DeKalb, Fulton, or Gwinnett, to provide public transportation services, facilities, or both, for, to, or within such county, municipality, district, subdivision, or combination thereof. A transportation services contract executed pursuant to this Section: (1) Shall not be a rapid transit contract subject to the conditions established therefor in Section 24 of this Act; (2) May not utilize a method of financing those public transportation services or facilities provided under the contract which involves: (A) The issuance of bonds under subsection (c) of Section 24 of this Act; (B) The levy of the special retail sales and use tax described and authorized in Section 25 of this Act; or (C) Both methods described in subparagraphs (A) and (B) of this paragraph; (3) May not authorize the construction of any extension of or addition to the Authority's existing rapid rail system; and (4) Shall require that the costs of any transportation services and facilities contracted for, as determined by

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the Board of Directors on the basis of reasonable estimates, allocations of costs and capital, and projections shall be borne by one or more of the following: (A) Fares; (B) Other revenues generated by such services or facilities; and (C) Any subsidy provided, directly or indirectly, by or on behalf of the public entity with which the Authority contracted for the services and facilities. (b) Nothing in this Section shall be deemed to limit or preclude the Authority from providing public transportation services and facilities for, to, or within any other county, municipality, special tax or community improvement district, political subdivision of this state, or combination thereof if: (A) The Authority is otherwise authorized by law to provide such services and facilities; (B) The services and facilities are provided pursuant to a transportation services contract meeting the requirements therefor under subsection (a) of this Section; and (C) The parties to the transportation services contract are authorized by law to enter into such contract. (c) Nothing in this Section or in paragraph (2) of subsection (b) of Section 25 of this Act shall authorize the Authority to provide any public transportation service or facility to any county, municipality, special tax or community improvement district, or other political subdivision which, on January 1, 1988, is not a party to the Rapid Transit Contract and Assistance Agreement specified in subsection (k) of Section 25 of this Act unless that service or facility is provided pursuant to a contract approved by the governing authority of that political subdivision for which the service or facility is to be provided or pursuant to a contract approved in a referendum by a majority of the qualified electors voting in the

Page 5016

political subdivision for which the service or facility is to be provided. For purposes of this Section, when any public transportation service or facility is to be provided by the Authority to any special tax or community improvement district, the county or municipality for which that district was created shall be the political subdivision whose governing authority or electors shall be required to approve the contract for such service or facility. Section 3 . Said Act is further amended by redesignating the existing subsection (b) of Section 25 thereof as paragraph (1) of that subsection (b) and by adding immediately thereafter a new paragraph (2), so that when so amended said subsection (b) shall read as follows: (b) Rate of tax. (1) The tax when levied shall be at the rate of one (1%) percent until and including June 30, 2012, and shall thereafter be reduced to one-half (1/2%) of one percent. Said tax shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected. (2) (A) A local governing body which, on January 1, 1988, is not a party to the Rapid Transit Contract and Assistance Agreement specified in subsection (k) of this Section may enter into a rapid transit contract to provide public transportation services and facilities other than any extension of or addition to the Authority's existing rail rapid transit system and may levy a retail sales and use tax authorized under subsection (a) of this Section at the rate of either one-half (1/2%) percent or one (1%) percent, as determined by that contract between such local governing body and the Authority. Such contract shall require that the costs of the transportation services and facilities contracted for, as determined by the Board of Directors on the basis of reasonable estimates, allocation of costs and capital, and projections shall be borne by one or more of the following: (i) Fares;

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(ii) The proceeds of the tax levied in accordance with this subparagraph; (iii) Other revenues generated by such services and facilities; and (iv) Any subsidy provided, directly or indirectly, by or on behalf of that local governing body which is the party to the contract. Notwithstanding any limitation in subsection (i) of this Section or any other provision of this Act, the proceeds of the retail sales and use tax levied pursuant to this subparagraph may be used in their entirety to pay the operating costs of the system, as defined in that subsection (i). (B) In the event a local governing body which has entered into a rapid transit contract as authorized by subparagraph (A) of this paragraph thereafter determines that any extension of or addition to the Authority's existing rail rapid transit system should be constructed and operated within the territory of such local government, a separate rapid transit contract shall be required to provide for the local government's proper share of financing any such contemplated rapid transit project, and no retail sales and use tax authorized under subsection (a) of this Section may be levied to fulfill the obligations under that separate contract except at the rate of one (1%) percent. A separate rapid transit contract required by this subparagraph shall not be subject to the limitations of divisions (i) through (iv) of subparagraph (A) of this paragraph but shall be subject to the limitations regarding the use of the tax proceeds for the operating costs of the systm under subsection (i) of this Section. (C) A tax levied under this paragraph shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed

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under this paragraph in the areas affected. Nothing in this paragraph shall be construed to require that any tax levied at a rate specified by this paragraph be reduced as provided for the one (1%) percent tax levied pursuant to paragraph (1) of this subsection. (D) No contract shall be entered into by a local government pursuant to this paragraph unless and until the same has been approved in a referendum held in the political subdivision, which referendum shall be held in conjunction with and at the same time as a state-wide general election and which was called not less than 120 days prior to such referendum election. Section 4 . Nothing in this Act shall be construed to authorize a transit system owned by Cobb County to be sold or leased to MARTA without the approval of the voters of Cobb County in a referendum held for that purpose. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . 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 1988 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. John W. Greer Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th 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 date: December 15, 1987. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. John W. Greer, Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th 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 date: December 10, 1987. /s/ John W. Greer Representative, 39th District

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Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. /s/ John W. Greer John W. Greer, Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th 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 date: December 18, 1987. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL)

Page 5021

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. /s/ John W. Greer John W. Greer, Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County on the following date: December 18, 1987. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1988 Session of the General Assembly of Georgia a bill

Page 5022

to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965, p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 1st day of December, 1987. /s/ John W. Greer, Chairman MARTOC Representative, 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from the 39th 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 date: December 15, 1987. /s/ John W. Greer Representative, 39th District Sworn to and subscribed before me, this 6th day of January, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 11, 1988.

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METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITYBOARD OF DIRECTORS; MEETING WITH LOCAL GOVERNING BODIES; REPORTS. No. 1402 (House Bill No. 733). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to require each member of the Board of Directors of the Authority to meet with the local governing body which appoints such member; to provide for the purposes of such meetings; to provide for notice of such meetings; to require the Board of Directors of the Authority to provide written reports to the local governing bodies which appoint 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 known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by adding at the end of Section 6 a new subsection (l) to read as follows: (l) (1) In addition to the requirements of subsection (h) of this section, each member of the Board shall hold a meeting once each 12 months with the local governing body which appointed such member. The Secretary of the Board shall give written notice to each member of the Board, to each local governing body, and to the governing authority of each municipality in the county in which there is an existing or proposed rail line at least two days prior to any meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his giving such notice. These meetings shall be for the purpose of reporting to the local governing bodies on the operations of the Authority and on the activities of the Board and making such information available to the general public.

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No activity which requires action by the Board shall be initiated or undertaken at any meeting conducted under this subsection. (2) The Board shall submit once each three months a written report on the operations of the Authority and on the activities of the Board to each local governing body which appoints a member of the Board. 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 at the regular 1987 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 4th day of December, 1986. JOHN W. GREER, Chairman MARTOC Representative, 39th District 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 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 date: December 15, 1986. /s/ Frank L. Redding, Jr. Representative, 50th District

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Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for purposes. This 4th day of December, 1986. John W. Greer, Chairman MARTOC Representative, 39th District 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 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 date: December 19, 1986. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL)

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 4th day of December, 1986 John W. Greer, Chairman MARTOC Representative, 39th District 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 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 date: December 18, 1986. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia

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Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 4th day of December, 1986 /s/ John W. Greer Chairman MARTOC Representative, 39th District 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 that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following date: December 19, 1986. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1987 Session of the General Assembly of Georgia a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Georgia Laws 1965 p. 2243) as amended; to repeal conflicting laws; and for other purposes. This 4th day of December, 1986 /s/ John W. Greer, Chairman MARTOC Representative, 39th District

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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 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 date: December 16, 1986. /s/ Frank L. Redding, Jr. Representative, 50th District Sworn to and subscribed before me, this 26th day of January, 1987. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 12, 1988. CITY OF MARIETTACORPORATE LIMITS. No. 1481 (House Bill No. 1922). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), 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:

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Section 1 . An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding at the end of Section 1.4 the following: (i) The corporate limits of the City of Marietta shall no longer include the following described parcels and tracts of land: All that tract or parcel of land lying and being in Land Lot 782 of the 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the Northwesterly right-of-way of Highway 5 and the Southerly right-of-way of Williams Drive; thence running South 73 degrees 27 minutes 16 seconds West 57.72 feet to a point; thence running South 68 Degrees 30 minutes 51 seconds West 319.48 feet to a point; thence running South 52 degrees 46 minutes 31 seconds West 18.58 feet to a point; thence running North 89 degrees 11 minutes 01 seconds West 27.48 feet to a point; thence running North 44 degrees 11 minutes 40 seconds West 136.55 feet to a point; thence running North 81 degrees 19 minutes 19 seconds West 91.12 feet to a point; thence running North 17 degrees 47 minutes 24 seconds West 20.86 feet to a point on the Southeasterly right-of-way of Williams Drive; thence running Easterly along the Southeasterly, Southwesterly, and Southerly right-of-way of Williams Drive 533.98 feet to a point, said point being the point of beginning. Building line set back (4) four Ft. 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 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.

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This the 8th day of Jan. 1988. /s/ Fred Aiken CARL HARRISON ROY E. BARNES HUGH RAGAN SALLIE NEWBILL SENATORS JOE MACK WILSON HERMAN CLARK STEVE THOMPSON TERRY LAWLER JOHNNY ISAKSON BILL ATKINS FRED AIKEN JOHNNY GRESHAM TOM WILDER SAM HENSLEY REPRESENTATIVES GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Aiken, who, on oath, deposes and says that he 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 date: January 8, 1988. /s/ Fred Aiken Representative, 21st District Sworn to and subscribed before me, this 2nd day of March, 1988. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Nov. 21, 1989 (SEAL) Approved April 14, 1988.

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ACTIONS BY COUNTY GOVERNING AUTHORITIES PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING HOME RULE FOR COUNTIES AND ARTICLE XI, SECTION I, PARAGRAPH IV OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING FOR CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS

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WHITE COUNTYSOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE. RESOLUTION A RESOLUTION TO REPEAL THE WHITE COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE PASSED BY THE BOARD OF COMMISSIONERS OF WHITE COUNTY, GEORGIA, ON APRIL 19, 1977, WHICH ORDINANCE WAS ADOPTED PURSUANT TO AND UNDER THE AUTHORITY OF THE EROSION AND SEDIMENTATION ACT OF 1975 AND THE HOME RULE PROVISIONS OF THE GEORGIA CONSTITUTION; WHICH ORDINANCE HAS BEEN REPLACED AND SUPERSEDED BY THE WHITE COUNTY SOIL EROSION AND SEDIMENT CONTROL RESOLUTION DULY ADOPTED BY THE BOARD OF COMMISSIONERS OF WHITE COUNTY ON SEPTEMBER 17, 1985. WHEREAS, the Board of Commissioners of White County, Georgia adopted the White County Soil Erosion and Sedimentation Control Ordinance under the authority of the Erosion and Sedimentation Act of 1975 and pursuant to the authority of the Home Rule provision for counties as found in Art. 9, 2, Para. 1 of the Georgia Constitution; AND WHEREAS, the Board of Commissioners of White County, Georgia has duly adopted the White County Soil Erosion and Sediment Control Resolution on September 17, 1985 and desires to repeal the White County Soil Erosion and Sedimentation Control Ordinance of April 19, 1977; NOW THEREFORE, be it resolved by the Board of Commissioners of White County, Georgia, that the White County Soil Erosion and Sedimentation Control Ordinance, adopted on April 19, 1977, is by this resolution repealed according to the provision of Art. 9, 2, Para. 1 (b)(1) of the Georgia Constitution of 1983.

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This 16th day of December, 1986. Board of Commissioners, White County, Georgia By: /s/ M. Lanier Chambers Chairman By: /s/ Adrian Howard Commissioner By: /s/ Carlton Turner Commissioner ATTEST: /s/ Lois Nix Clerk 4P-12-11 PUBLIC NOTICE Be advised that the Board of Commissioners of White County, Georgia, on the 16th day of December, 1986, by resolution intend to repeal the White County Soil Erosion and Sedimentation Control Ordinance adopted on April 19, 1977, which ordinance has been replaced and superseded by the White County Soil Erosion and Sediment Control Resolution adopted on September 17, 1985. A copy of the resolution which will repeal this 1977 ordinance is on file in office of the Clerk of White County Superior Court for the purpose of examination and inspection by the public. The Clerk of White County Superior Court shall furnish anyone, upon written request, a copy of the proposed resolution repealing this ordinance. Please be further advised that the purpose of this action is to repeal, in accordance with the county home rule provisions of the Georgia constitution, the former soil and sediment resolution which was replaced and superseded by a new revised resolution adopted on September 17, 1985. This action will in no way

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affect the new resolution which will continue in full force and effect. Board of Commissioners of White County, Georgia 3C-12-4 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF WHITE Before me, the undersigned, Notary Public, this day personally came Bobby E. Williams, who, being first duly sworn, according to law, says that he is the publisher of the WHITE COUNTY NEWS, official newspaper published at Cleveland, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20th 27th days of November, 1986, and on the 4th, day of December, 1986, as provided by law. Subscribed and sworn before me this 23 day of December, 1986. /s/ Jane Long Bennett NOTARY PUBLIC Notary Public, Georgia, State at Large My Commission Expires Oct. 28, 1988 (Seal) Filed in the Office of the Secretary of State January 9, 1987.

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JEFF DAVIS COUNTYMALT BEVERAGES AND WINE; LICENSE FEES. RESOLUTION AMENDING RESOLUTION AND ORDINANCE TO REQUIRE AND PROVIDE FOR THE LICENSING SALE AND REGULATION OF MALT BEVERAGES AND WINES IN JEFF DAVIS COUNTY Upon motion duly made, and seconded, the following resolution was duly adopted by a majority of the Commissioners present, to wit: BE IT RESOLVED that the Resolution and Ordinance to Regulate and Provide for the Licensing, Sale and Regulation of Malt Beverages and Wines in Jeff Davis County, and for other purposes, adopted on March 3, 1981, is hereby amended as follows: A. Paragraph(a), Section IV (page 7) is hereby amended to change the annual license fees stated therein as follows: a) Wholesale license: $100.00. b) Retail Malt Beverage/Beer License: $1,000.00. c) Retail Wine License: $250.00. d) Combined Retail Malt Beverage/Beer and Wine License: $1,250.00. B. The increase in license fees herein adopted shall become effective for all Malt Beverage/Beer and Wine licenses issued for the calendar year 1987 and thereafter. C. All remaining portions of the original Resolution and Ordinance, as previously amended, including all remaining portions of Section IV thereof, shall remain the same. SO RESOLVED this 9th day of September, 1986. /s/ Jimmie Ryles Jimmie Ryles, Chairman

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ATTEST: /s/ Lonnie V. Roberts Lonnie V. Roberts, Clerk (Seal) The foregoing Resolution and Motion was read, voted upon and adopted again at the October 14, 1986, regular meeting of the Jeff Davis County Board of Commissioners by a majority vote of the Commissioners present, such constituting the final adoption of said Resolution and Motion following the running of the required legal notice for the three weeks immediately preceding. This 14th day of October, 1986. BOARD OF COMMISSIONERS OF JEFF DAVIS COUNTY By: /s/ Jimmie Ryles Jimmie Ryles, Chairman ATTEST: /s/ Lonnie V. Roberts Lonnie V. Roberts, Clerk (Seal) RESOLUTION CERTIFICATE GEORGIA, JEFF DAVIS COUNTY I, Lonnie V. Roberts, Clerk of the Board of Commissioners of Jeff Davis County, do hereby certify as custodian of the minutes of said Board of Commissioners, that the attached is a true and correct copy of a Resolution duly adopted at two consecutive, regular meetings of the Board of Commissioners of Jeff Davis County held on the 9th day of September, 1986 and the 14th day of October, 1986, and that the same has been duly entered in the official minute book of the said Board of Commissioners. I further certify that said Resolution is of full force and effect, not having been repealed by any subsequent action of the said Board of Commissioners.

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Witness my official signature and the seal of said County this 14th day of October, 1986. /s/ Lonnie V. Roberts Lonnie V. Roberts, Clerk Jeff Davis County Board of Commissioners (Seal) 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 which Sheriff Sales and Advertisements are published, and as such deponent says that the following notice was published in said paper on September 17, 24 and October 1, 1986, to wit: LEGAL NOTICE OF PROPOSED AMENDMENT TO JEFF DAVIS COUNTY'S BEER AND WINE ORDINANCE Notice is hereby given that the Board of Commissioners of Jeff Davis County intends to amend the County's current beer and wine ordinance; a synopsis of this amendment is as follows: The annual license fees shall be increased effective in 1987 as follows: a) Retail Malt Beverage/Beer License: $1,000.00. b) Retail Wine License: $250.00. c) Combined Retail Malt Beverage/Beer and Wine License: $1,250.00. All other portions of the ordinance will remain the same. This notice is given pursuant to Article 9, Section 2, Paragraph 1, of the Georgia Constitution. A copy of the proposed amendment is on file in the office of the Clerk of Superior Court of Jeff Davis County for the purpose of examination and inspection by the public. The Clerk of Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment.

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This amendment was initially adopted by the Board of Commissioners at its regular meeting on September 9, 1986. The amendment will be submitted to its final vote and adoption at the next regular meeting of the Board of Commissioners to be held at 8:30 A.M., Tuesday, October 14, 1986. Lamar A. Elder, Jr. Attorney for Jeff Davis County 9/17-2410/1c This 31st day of December, 1986. /s/ Thomas H. Purser Thomas H. Purser Editor and Publisher SWORN TO AND SUBSCRIBED BEFORE ME THIS 31st DAY OF DECEMBER, 1986. /s/ Lamar A. Elder, Jr. NOTARY PUBLIC My Commission expires 6-9-88. Filed in the office of the Secretary of State January 12, 1987. GWINNETT COUNTYGWINNETT COUNTY RECREATION AUTHORITY. BOARD OF COMMISSIONERS GWINNETT COUNTY LAWRENCEVILLE, GEORGIA ORDINANCE FIRST READING AND ADOPTION: 1-20-87 SECOND READING AND ADOPTION: 2-3-87 At regular meetings of the Gwinnett County Board of Commissioners held in the Commission Meeting Room, 250 Scenic Highway, Lawrenceville, Georgia.

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Present VOTE FIRST READING VOTE SECOND READING Lillian Webb, Chairman YEA YEA Ken Suffridge, District 1 YEA YEA Scott Ferguson, District 2 YEA YEA Mike Berg, District 3 YEA YEA Don Loggins, District 4 YEA YEA AN ORDINANCE TO AMEND THE LOCAL ACT CREATING THE GWINNETT COUNTY RECREATION AUTHORITY, KNOWN AS THE GWINNETT COUNTY RECREATION AUTHORITY ACT (Ga. L. 1975, p. 3108), AS AMENDED, UNDER HOME RULE POWERS DELEGATED TO THE GWINNETT COUNTY BOARD OF COMMISSIONERS BY THE 1983 GEORGIA CONSTITUTION, BY AMENDING Ga. L. 1975, p. 3108 TO CHANGE THE FOLLOWING: NUMBER OF MEMBERS, LENGTH OF TERM OF OFFICE, METHOD OF APPOINTMENT, ELIGIBILITY OF CERTAIN PUBLIC OFFICIALS TO SERVE, THE METHOD FOR THE REMOVAL FROM OFFICE, QUORUM REQUIREMENTS, VOTE NECESSARY FOR ACTION, PROCEDURE TO PURCHASE PROPERTY, THE TERMS OF ITS BORROWING POWERS, METHOD OF CALLING SPECIAL MEETINGS, PURCHASING PROCEDURES, AUDIT REQUIREMENTS, AND TO ADD TO SAID ACT CERTAIN DEFINITIONS AND ADDITIONAL ADVISORY FUNCTIONS, AND TO PROVIDE FOR CLOSED MEETINGS FOR REAL ESTATE ACQUISITION AND PERSONNEL DELIBERATIONS AND TO CLARIFY THE RESPONSIBILITIES FOR FORMULATING OPERATIONAL GUIDELINES FOR FACILITIES AND TO CONFORM IT TO THE RECENTLY PASSED COUNTY-WIDE RECREATION TAX DISTRICT REFERENDUM. WHEREAS, the Gwinnett County Board of Commissioners has determined that changes are necessary and the nature, make-up, and functions of the Gwinnett County Recreation Authority which changes will enhance the delivery of recreational

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services to the citizens of Gwinnett County and promote the welfare and best interest of the citizens of Gwinnett County, and WHEREAS, Georgia Laws 1975, page 3108 as amended establishes the Gwinnett County Recreation Authority defines its purposes and regulates its operations, and WHEREAS, the Gwinnett County Board of Commissioners is authorized to amend or repeal this local Act pursuant to constitutional authority granted to the Board by Article IX, Section II, Paragraph 1 (b) (1) of the 1983 Georgia Constitution; NOW, THEREFORE BE IT ORDAINED, by the Gwinnett County Board of Commissioners that Georgia Laws 1975, page 3108, as amended, be, and it is hereby, amended to read as follows: Section 1. Short title. This [chapter] may be cited as the Gwinnett County Recreation Authority Act. Section 2. Recreation authority created; members; terms; selection; vacancies; officers; quorum; expenses; rules and regulations. (a) There is hereby created a body corporate and politic to be known as the Gwinnett County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The authority is hereby granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of not less than three (3) nor more than five (5) nine (9) members who shall be residents

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of Gwinnett County and who shall be appointed by the Board of Commissioners of Gwinnett County. The members of the authority shall be appointed to serve for a term of one four (4) year s from the date of such appointment and until their successors shall have been selected and appointed. Each commissioner shall appoint two persons to be members of the authority whose terms shall run for the duration of that commissioners term in office. Within sixty days of the beginning of any new term in office for any commissioner, that commissioner shall appoint two person to the authority. Upon passage of this Act, each commissioner shall appoint two members to the authority to serve during the balance of that commissioners term in office. The chairman of the Board of Commissioners shall appoint one member for a like term. (c) The chairman of the Board of Commissioners of Gwinnett County or one of the members of the Board of Commissioners of Gwinnett County may be appointed to serve as members of the authority, but in no event shall there be serving at any one time as members of the authority more than one member of the Board of Commissioners or the chairman. The two (2) members of the authority who are not a member of the Board of Commissioners or the chairman of the Board of Commissioners shall reside in that area of Gwinnett County included within Gwinnett County Recreation District No. 1. The term of office of a member who holds his appointment by reason of his being a member of the appointing body, shall expire when his term of office as a member of such appointing body expires . No member of the Gwinnett County Board of Commissioners shall serve as a member of the authority. (d) Any member of the authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such authority shall enter upon their duties. (e) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. (f) The authority shall elect one of its members as chairman and another member as vice-chairman and it shall also elect a

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secretary and treasurer, who does not necessarily have to be a member of the authority and if not a member he or she shall have no voting rights. (g) Three (3) Five (5) members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (h) The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. (i) The authority shall make rules and regulations for its own government. It shall have perpetual existence. (j) Any member of the authority may be removed from office by the Gwinnett County Board of Commissioners for failure to perform his duties as a member of the authority. Such failure shall include without limitation the failure to attend as many as eight regularly scheduled meetings in a calendar year. Any office so vacated shall be filled within sixty days by appointment by the member of Gwinnett County Board of Commissioners who made the appointment originally. The new appointee shall serve the remainder of the unexpired term to which he is appointed. 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 Gwinnett County Recreation Authority created in section 2 of this Act [Sec. 3-602 of this code]. (2) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of an athletic stadium or stadiums and the usual facilities related thereto, recreation centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields, and courts, club houses,

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gymnasiums, auditoriums, gymnatoriums, civic centers , and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas, deemed by the authority to be necessary, convenient or desirable. (3) The term cost of the project shall embrace the cost of construction; the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one (1) year after completion of construction; cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; the construction of any project; the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) The terms revenue bonds, bonds and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws, 1957, p. 36 et seq.), as amended, amending the law formerly known as the Revenue Certification Law of 1937 (Ga. Laws 1937, p. 761 et seq.), as amended, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and in addition, shall also mean obligations of the authority the issuance of which are hereinafter specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgement of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used,

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leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal of and interest on the revenue bonds which my be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The authority shall have powers: (a) to have a seal and alter the same at pleasure; (b) to acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of section 26 and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on any lands the title to which shall then be in the State of Georgia, the governor is hereby authorized to convey, for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands; such value to be determined by three (3) appraisers to agreed upon by the governor and the chairman of an appraisal to be performed by an appraiser named by the authority; and if the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Gwinnett County or in any municipality incorporated in said county, the governing authority or body of said county or of any of the said municipalities, is hereby authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said value to be determined by three (3) appraisers an appraiser to be

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agreed upon by the governing authority or body of said county or municipality and the chairman of the authority; (d) to appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) to make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of section 26, and any and all persons, firms and corporations; the state and any and all political subdivisions, departments, institutions or agencies of the state are hereby authorized to enter into contracts, leases or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to parks and recreational centers, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and the authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in section 17 of this Act. Any provisions of this Act to the contrary notwithstanding any lease entered into between the authority as lessor and Gwinnett County as lessee, the authority shall accept and the county shall use for payment in accordance with the terms of any such lease only those funds obtained by Gwinnett County from a special recreational tax levy in Gwinnett County Recreation District No. 1, or any modification, expansion or enlargement of Gwinnett County Recreation

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District No. 1 where such special tax levy has been approved by the qualified electors in Gwinnett County Recreation District No. 1 or any modification, expansion or enlargement of Gwinnett County Recreation District No. 1 in a referendum held for the purpose of approving and authorizing the governing authority of Gwinnett County to levy a special tax on a district basis for recreation purposes. Any militia district within Gwinnett County shall have the perpetual right to be added to said district if approved by the elector residing therein in a referendum election, and the proceeds derived from the tax herein authorized shall be expended throughout the entire district on a fair and equitable basis. No such election within a militia district shall be held within 24 months of a previous election unless 15 percent of the electors residing therein shall sign a petition requesting an election. (f) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) to accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (h) to accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivisions may impose; (i) to borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; but in no event shall revenue bonds be an obligation of Gwinnett County other than the one (1) mill millage for recreational purposes;

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(j) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and laws of this state; (k) the authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and useable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in section 17 hereof; (l) to borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed 10 years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and Gwinnett County as the lessee; provided, however, said lease or leases were entered into pursuant to the provisions of this Act which limits the county to the use of tax funds derived solely from tax funds obtained from a special tax levy approved by the qualified elector in a referendum; (m) to do all things necessary or convenient to carry out the powers expressly give in this Act; and (n) to advise the Gwinnett County Board of Commissioners on land acquisition, facilities development, Gwinnett County Recreation Department's annual budget, and other matters relating to the provision of recreation and recreational opportunities to the citizens of Gwinnett County . Section 5. Revenue bonds. The authority, or any authority or body which has or which may in future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one (1) or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue

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shall be dated; shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto; interest shall be payable semiannually; principal shall mature at such time or times not exceeding 40 years from their date or dates; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.), as amended, amending the law formerly know as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq.), as amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Bond form, denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Bond signatures; seal. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority and the official seal of the authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper

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office; although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8. Bond negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the state. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the state. Section 9. Bond sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. Bond interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Bond replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost. Section 12. Bond; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution, providing for the issuance

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of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Gwinnett County, nor a pledge of the faith and credit of said county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the authority, including, the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for

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any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired by redemption, payment or otherwise, and (4) the necessary

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charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered. Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 18. Refunding bonds. The authority is hereby authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holder 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.

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Section 19. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Gwinnett County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 20. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the sate or such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Gwinnett County Recreation Authority. Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties or existence of said authority or of it officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity,

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department, agency or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the authority. Without limiting the generality of any provisions of this Act the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining and operating an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, stadiums, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums, civic centers and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the authority, necessary, convenient or desirable for an incident to the efficient and proper development and operation of such types of undertakings. The authority shall further serve as advisor to the Gwinnett County Board of Commissioners on recreational topics . Section 24. Rates, charges and revenues; use. The authority is hereby authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or

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commodities furnished; including leases, concessions or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made or the sale of any of its lands and facilities. Section 25. Rule 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 guidelines on which recreational facilities shall be furnished operated. The rules and regulations promulgated hereunder shall be equally applicable to all facilities operated by the Gwinnett County Board of Commissioners through its Parks and Recreation Department . Section 25.1. Financial and meeting information and applications for appointment. (a) The authority shall have conducted an annual audit of the financial affairs, books, and records of the authorit. The audit shall be completed and submitted to the authority not later than ninety days after the end of each fiscal year. The authority shall obtain either a certified public accountant or a firm of such accountants to make the audit required herein in accordance with generally accepted auditing standards. All audits provided for herein shall result in submission of the certified public accountants' opinion on the financial statements which shall include, but in no way be limited to, a balance sheet and a statement of operations or statement of income or loss, and a statement of receipts and disbursements or statement of changes in financial position. Such audit shall also include a list of all written contracts entered into by the authority during the period covered by the audit which call for the authority to

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expend at any time in the aggregate more than thirty thousand dollars. Such list shall also include any employment or consultant contracts, whether or not written, under which the employee or consultant, including but not limited to accountants, engineers, and attorneys, is to be compensated at an annual rat[UNK]e of more than ten thousand dollars, including direct and indirect or deferred benefits. A copy of such audit, except the listing of contracts, shall be published in the official organ of Gwinnett County within ten days after the final report and audit is submitted to the authority. The complete audit, including but not limited to the listing of contracts, shall be filed in the office of the clerk of the superior court of Gwinnett County and be available there for public inspection at all times during regular business hours. (b) The authority shall establish the date, time, and place for all regular meetings, notice of which shall be published in the official organ of Gwinnett County. No action taken as such regular meetings shall be effective unless such meeting was held in conformity with such notice. The authority shall post a notice of the date, time, and place of all called meetings. Such notice shall be posted at the door of the Gwinneth County Courthouse at least 12 hours prior to such called meeting. No action taken at such called meeting shall be effective unless such notice was posted as provided and the called meeting was held in conformity with such notice. (c) The authority shall advertise in the legal organ of Gwinnett County for a least once a week for the three weeks immediately preceding the week in which expires the term of office of any member of the authority, the name of the member whose term will expire and the date such term expires. The authority shall advertise in the legal organ of Gwinnett County for at least once a week for two weeks immediately following the week in which occurs a vacancy on the authority the name of the member who has vacated his position on the authority and the date such vacancy occurred. Such advertisement shall also give notice that interested persons my apply to the Board of Commissioners of Gwinnett County to request that consideration be given to them for appointment to the authority. The Board of Commissioners of Gwinnett County shall establish procedures for interested persons to apply for appointment to the authority. The publication and notice requirements herein shall not apply to the first installation of members of the Authority immediately

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following the enactment of this amendment under the Home Rule Powers of the Gwinnett County Board of Commissioners . Section 26. Meetings, purchases, disposal of property, voting, audit, investing funds . (a) All meetings of the authority shall be opened to the public at all times, except that meetings may be closed to the public as allowed under O. C. G. A. 50-14-4 (Ga. L. 1972, p. 575, section 2; code 1981, section 50-14-4; Ga. L. 1982, p. 1810, section 1.) . Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority except those closed to the public, as above , shall likewise be opened to public inspection. (b) Each purchase made in behalf of the authority of personal property or services in excess of five hundred-dollars ($500.00) five thousand dollars ($5000.00) shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Gwinnett County prior to the award of any contract. All bids shall be opened during meetings of the authority and the rejection or acceptance thereof shall be entered upon the minutes of the authority . For purchases from $2,500.00 to $5,000.00 a minimum of three written quotations shall be taken and all quotations so received shall be kept for a minimum of three years. For purchases from $1,000.00 to $2,500.00 a minimum of three telephone quotations shall be obtained. Such quotations shall be kept for a minimum of three years . (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organ of Gwinnett County. All bids for the disposal of such property shall be opened during public meetings of the authority and the acceptance and rejection thereof shall be entered upon the minutes of the authority. (d) The affirmative action of at least two thirds a majority of the members of the authority in attendance shall be required in order that any action on behalf of the authority may be taken. (e) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public

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accounting firm. The Board of Commissioners of Gwinnett County shall select the firm which shall conduct the audit. A synopsis of the audit shall be published in the official organ of Gwinnett County as soon as the report of the auditors is submitted to the authority. (f) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest bearing investments within thirty (30) days of their receipt by the authority. Section 27. Amend Ga. L. 1971 Sess. p. 4110, Gwinnett County Recreation District No. 1 Established, so as to add the following provision to Section 1 of said Act. The governing authority of Gwinnett County is authorized to merge, enlarge and expand the area within Gwinnett County Recreation District No. 1 and to include and incorporate within Gwinnett County Recreation District No. 1 additional General Militia District of Gwinnett County and to levy a tax, not to exceed one mill, on all property within any Gwinnett County Militia District brought into Gwinnett County Recreation District No. 1 by an enlargement, expansion or merger of said district, if the levying of such tax and merger is approved by a majority vote of those qualified voters of the area brought into said district voting at a special election to be called and conducted by the Board of Electors of Gwinnett County. The governing authority shall set the date for said elections, which shall be held and conducted as are other special elections. Section 28. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 29. Liberal construction of Act. This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and Gwinnett County, shall be liberally construed to effect the purposes hereof.

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Section 30. Effect of Partial Invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Section 31. Repeal. Effect on county and cities . This Act does not in any way take from Gwinnett County or any municipality located therein, the authority to own, develop, operate and maintain public parks and recreational facilities; or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. L. 1957, p. 36 et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq.), as amended. Section 32. Effective Date. This Act shall become effective as of the date on which it is signed by the Governor of Georgia or as of the date on which it becomes law without the approval of the Governor. However, the Authority shall not become operative until such time as the governing authority of Gwinnett County shall, by appropriate resolution, declare the need for the Authority within Gwinnett County. Section 33. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. BY: /s/ Lillian Webb Lillian Webb, Chairman, Board of Commissioners ATTEST: /s/ Charlotte J. Nash CLERK (Seal)

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NOTICE OF PROPOSED HOME RULE ORDINANCE GWINNETT COUNTY BOARD OF COMMISSIONERS COMMISSION MEETING ROOM 250 SCENIC HIGHWAY LAWRENCEVILLE, GEORGIA 30245 Notice is hereby given that the Gwinnett County Board of Commissioners will consider adoption as scheduled above, on first and second readings, the following Home Rule Ordinance: AN ORDINANCE TO AMEND THE LOCAL ACT CREATING THE GWINNETT COUNTY RECREATION AUTHORITY, KNOWN AS THE GWINNETT COUNTY RECREATION AUTHORITY ACT (GA. I. 1975, P. 3108), AS AMENDED, UNDER HOME RULE POWERS DELEGATED TO THE GWINNETT COUNTY BOARD OF COMMISSIONERS BY THE 1983 GEORGIA CONSTITUTION, BY AMENDING GA. L. 1975, P. 3108 TO CHANGE THE FOLLOWING: NUMBER OF MEMBERS, LENGTH OF TERM OF OFICE, METHOD OF APPOINTMENT, ELIGIBILITY OF CERTAIN PUBLIC OFFICIALS TO SERVE, THE METHOD FOR THE REMOVAL FROM OFFICE, QUORUM REQUIREMENTS, VOTE NECESSARY FOR ACTION, PROCEDURE TO PURCHASE PROPERTY, THE TERMS OF ITS BORROWING POWERS, METHOD OF CALLING SPECIAL MEETINGS, PURCHASING PROCEDURES, AUDIT REQUIREMENTS, AND TO ADD TO SAID ACT CERTAIN DEFINITIONS AND ADDITIONAL ADVISORY FUNCTIONS, AND TO PROVIDE FOR CLOSED MEETINGS FOR REAL ESTATE ACQUISITION AND PERSONNEL DELIBERATIONS AND TO CLARIFY THE RESPONSIBILITIES FOR FORMULATING OPERATIONAL GUIDELINES FOR FACILITIES AND TO CONFORM IT TO THE RECENTLY PASSED COUNTY-WIDE RECREATION TAX DISTRICT REFERENDUM. A copy of the proposed amendment is on file in the office of the Clerk of Superior Court of Gwinnett County for the purpose of examination and inspection by the public. The Clerk of Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment. Ad# 1468 Jan 9-3tc G-9266

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PUBLISHER'S AFFIDAVIT STATE OF GEORGIA-COUNTY OF GWINNETT Before me, the undersigned, a Notary Public, this day personally came Elliott E. Brack, who, being first duly sworn, according to law, says that he is the Vice President and General Manager of The Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that G-9266-Notice of Proposed Home Rule Ordinance. An Ordinance to Amend the Local Act Creating the Gwinnett County Recreation Authority was published on Jan 9, 16, 23, 1987. /s/ Elliott E. Brack Elliott E. Brack, Vice President and General Manager Gwinnett Daily News Subscribed and sworn to before me this 10th day of February, 1987. /s/ Martha S. Dover Notary Public, Gwinnett County, Georgia (Seal) Filed in the Office of the Secretary of State February 23, 1987. DADE COUNTYDADE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. RESOLUTION OF THE COMMISSIONER OF DADE COUNTY FOR THE CONTINUANCE OF THE DADE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, a General Assembly of the State of Georgia adopted a resolution proposing a local amendment to the Georgia

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Constitution of 1945 to establish that Dade County Industrial Development Authority in and for Dade County, Georgia, which resolution appears at Georgia Laws 1967, Page 907, et seq. (the Amendment); and WHEREAS, the Amendment establishing the Dade County Industrial Development Authority was duly ratified; and WHEREAS, the Amendment was continued in force and effect as part of the Georgia Constitution of 1976, pursuant to Article XIII, Section 1, Paragraph 2 of the Constitution of 1976 and was in force and effect on July 1, 1983, the effective date of the Georgia Constitution of 1983; and WHEREAS, Article IX, Section 1, Paragraph 4(a) of the Georgia Constitution of 1983 directs that the Amendment shall continue in force and effect as part of the Georgia Constitution of 1983 until July 1, 1987, at which time said Amendment shall be repealed and shall be deleted as part of the Georgia Constitution of 1983 unless it shall be specifically continued in force and effect by one of the several means, including a resolution duly adopted prior to July 1, 1987 by the local governing authority in the manner provided for the adoption of Home Rule Amendments to its charter or local acts; and WHEREAS, Article 9, Section 2, Paragraph 1(b)(1) of the Georgia Constitution of 1983 specifies that Home Rule Amendments to a local act may be adopted by the County governing authority, and pursuant thereto, a notice containing a synopsis of the resolution herein adopted was published in The Dade County Sentinel , the official organ of Dade County, Georgia, in accordance with law, which notice stated that a copy of the proposed resolution was on file in the office of the Clerk of Superior Court of Dade County for the purpose of examination and inspection by the public; and WHEREAS, by referring to the aforesaid Amendment and Act, they are each incorporated herein by reference as fully as if set forth herein, and WHEREAS, the Commissioner has determined that continued existence of the Dade County Industrial Development Authority is necessary to achieve the ends of promoting and expanding, for the public good and general welfare of Dade County and the State of Georgia, trade, industry, commerce, and employment

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opportunities, and further have determined to continue the Amendment in full force and effect indefinitely beyond July 1, 1987. NOW, THEREFORE, BE IT RESOLVED THAT the Commissioner of Dade County, Georgia, pursuant to Article XI, Section 1, Paragraph 4 of the Georgia Constitution of 1983, does hereby specifically continue the Amendment in force and effect without amendment. RESOLVED, FURTHER, that this Resolution be effective upon its adoption at two regular meetings of the Commissioner. RESOLVED, FURTHER, that the Clerk of the Commissioner is directed to cause to be filed a copy of the published notice referred to above an affidavit of a duly authorized representative of the referenced newspaper as to the due publication said notice, and a copy of this Resolution with the Secretary of State of the State of Georgia and the Clerk of Superior Court of Dade County, promptly, upon this Resolution becoming effective. ADOPTED: this 3rd and 17th day of April, 1987. /s/ Larry Moore LARRY MOORE, COMMISSIONER DADE COUNTY, GEORGIA ATTEST: /s/ Susan McKaig SUSAN MCKAIG CLERK OF COMMISSIONER CLERK'S CERTIFICATE I, Susan McKaig, Clerk of the Commissioner of Dade County, Georgia, do hereby certify that the foregoing typewritten matter constitutes a true and correct copy of the Resolution adopted on April 3rd and 17th, 1987, by said Commissioner in a meeting after due and reasonable public notice given in accordance with the procedures of the Commission and the provisions of law, duly called and assembled, which was open to the public and at which a quorum was present and acting throughout, that

Page 5065

the original of said resolution appears of public record in the Minute Book of said Commissioner, which is in my custody and control. Given under my hand and seal of this County, this 20th day of April, 1987. /s/ Susan McKaig SUSAN MCKAIG, Clerk of Commissioner Dade County, Georgia STATE OF GEORGIA COUNTY OF DADE I, EDDY GIFFORD, do hereby certify that I am publisher of The Dade County Sentinel , the newspaper in which Sheriff's advertisements appear for Dade County, Georgia, and the attached notice was published in said newspaper on the following dates, to-wit: March 25, 1987 April 1, 1987 April 8, 1987 /s/ Eddy Gifford AFFIANT Sworn to and subscribed before me this 13th day of April, 1987. /s/ Jan Ellison NOTARY PUBLIC (Seal) NOTICE : The Commissioner of Dade County, Georgia will consider for adoption at two regular meetings to be held on April 3, 1987 and April 17, 1987 a resolution which would specifically continue in force and effect without amendment, the local amendment to the Georgia Constitution which established the Dade County Industrial Development Authority. A copy of the proposed resolution is on file in the office of the Clerk of Superior Court of

Page 5066

Dade County for the purpose of examination and inspection by the public. The Clerk of said Superior Court shall furnish to anyone, upon request, a copy of the proposed resolution. Filed in the Office of the Secretary of State May 7, 1987. WHITFIELD COUNTYMERIT SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. RESOLUTION WHEREAS, Article XI, Section I, Para. IV of the Constitution of the State of Georgia provides that certain amendments to the Constitution of 1976, including the amendment authorizing 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 and certain appointed officials (Res. Act No. 154; H.R. 671; Gap. L. 1982, p. 2595), hereinafter referred to as the Merit System Constitutional Amendment, shall be repealed and deleted as a part of the Constitution as of July 1, 1987 unless such amendments shall be specifically continued in force and effect, without amendment, either by local law or by ordinance duly adopted in the manner provided for the adoption of home rule amendments; and WHEREAS, said Merit System Constitutional Amendment was not continued by local law and the Board of Commissioners of Whitfield County desire to continue said Merit System Constitutional Amendment in force and effect after July 1, 1987 as a part of the Constitution of the State of Georgia; now therefore BE IT RESOLVED, that said Merit System Constitutional amendment authorizing the Board of Commissioners of Whitfield County to provide by ordinance or resolution for the creation of the Merit System of employment and personnel administration for employees of Whitfield County paid in whole or in part by

Page 5067

county funds, other than elected and certain appointed officials (Res. Act No. 154; H.R. 671; Gap. L. 1982, p. 2595), shall not be repealed or deleted on July 1, 1987, as part of the Constitution of the State of Georgia but shall be and is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. FURTHER RESOLVED, that this Resolution is adopted pursuant to Art. XI, Section I, Para. IV of the Constitution of the State of Georgia which authorizes the continuation of certain amendments to the Constitution by the local governing authority in a manner provided for the adoption of home rule amendments and the Administrator of Whitfield County is hereby authorized and directed to prepare and submit for publication in the official county organ a notice containing a synopsis of this proposed Resolution and to comply with the procedures as set out in Art. IX, Section II, Para. I of the Constitution of the State of Georgia for the adoption of home rule amendments. FURTHER RESOLVED, that the Resolution shall have no force or effect unless again adopted at the next regular consecutive meeting of this Board. FIRST ADOPTED this 21st day of April, 1987 at the regular meeting of the Board of Commissioners of Whitfield County. /s/ Harold Brooker CHAIRMAN /s/ Brooks W. Lansing VICE CHAIRMAN /s/ Leonard T. Cochran COMMISSIONER /s/ Jerry Albertson COMMISSIONER /s/ C.G. Pat Hicks COMMISSIONER FINALLY ADOPTED this 12th day of May, 1987 at the regular meeting of the Board of Commissioners of Whitfield County.

Page 5068

/s/ Harold Brooker CHAIRMAN /s/ Brooks W. Lansing VICE CHAIRMAN /s/ Leonard T. Cochran COMMISSIONER /s/ Jerry Albertson COMMISSIONER /s/ C.G. Pat Hicks COMMISSIONER Exhibit A STATE OF GEORGIA COUNTY OF WHITFIELD CERTIFICATION OF RESOLUTION The undersigned, Melva Smith, duly appointed Clerk of the Board of Commissioners of Whitfield County, Georgia, does hereby certify that the Resolution attached hereto as Exhibit A was unanimously and duly adopted by the duly elected Board of Commissioners of Whitfield County at its regular meeting on April 21, 1987 and at its regular meeting on May 12, 1987; that a notice containing a synposis of the proposed Resolution was published in the official county organ once a week for three weeks immediately preceding its final adoption a shown by the Publisher's Affidavit attached hereto as Exhibit B that a copy of the proposed Resolution was filed in the Office of the Clerk of the Superior Court for the purpose of examination and inspection by the public and for the furnishing of the same to anyone requesting the same; and that the copy of said Resolution attached hereto is a true and accurate copy of the Resolution so adopted. This 22nd day of May, 1987. /s/ Melva Smith MELVA SMITH, CLERK OF THE BOARD OF COMMISSIONERS OF WHITFIELD COUNTY
Page 5069

[Official Seal of Whitfield County, Georgia] Exhibit B PUBLIC NOTICE The Board of Commissioners of Whitfield County will consider for final adoption, on Tuesday, the 12th of May, 1987, at 7:00 P.M. in the main Courtroom of the Whitfield County Courthouse, a Resolution that the Merit System of employment and personnel administration for employees of Whitfield County, paid in whole or in part by county funds, other than elected and certain appointed officials, shall not be repealed or deleted on July 1, 1987, as part of the Constitution of the State of Georgia but shall be specifically continued in force and effect on and after that date as part of the Constitution of the State of Georgia. A copy of the proposed Resolution of Amendment is on file in the Office of the Clerk of the Whitfield County Superior Court for the purpose of examination and inspection by the public. The Clerk of the Whitfield County Superior Court shall furnish anyone, upon written request, a copy of the proposed Resolution of amendment. LENARD WHALEY ADMINISTRATOR OF WHITFIELD COUNTY 4-24, 5-1, 5-8 TO WHOM IT MAY CONCERN: I, Stanley Warren, Publisher of the Daily Citizen-News, a daily newspaper published in the City of Dalton, Georgia, do solemnly swear the legal advertisement for Whit. Co. Board of Commissioners has run 3 times in the legal section of our newspaper, on the following dates: April 24, May 7 and May 8, 1987. /s/ Stanley Warren Stanley Warren, Publisher

Page 5070

Sworn to me this 8th day of May, 1987. /s/ Roberta Brookshire Notary Public Filed in the Office of the Secretary of State June 1, 1987. OCONEE COUNTYBOARD OF COMMISSIONERS; MEETINGS; PUBLICATION OF FINANCIAL STATEMENTS. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF OCONEE 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 OCONEE COUNTY, PRESCRIBING ITS DUTIES, RESPONSIBILITIES, TERMS OF OFFICE, METHOD OF ELECTION AND RELATED MATTERS, BY AN ACT OF THE GENERAL ASSEMBLY OF 1917, GEORGIA LAWS 1917, PAGE 384, SO AS TO AMEND SAID ACT TO REVISE SECTION 4 TO PROVIDE FOR THE METHOD OF SETTING REGULAR MEETINGS OF THE BOARD OF COMMISSIONERS AND TO CHANGE THE METHOD OF PUBLICATION OF RECORDS OF EXPENDITURES AND DISBURSEMENTS; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES. STATE OF GEORGIA) COUNTY OF OCONEE) BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF OCONEE COUNTY, GEORGIA, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provisions for Counties, granted by Article IX, Section 2, Paragraph 1 of the Constitution of the State of Georgia of 1983, that the Act, as amended, pertaining to the creation of the governing authority of Oconee County, Georgia, prescribing its duties, responsibilities, terms of office, method of election, and related matters,

Page 5071

Georgia Laws 1917, page 384, be and the same is hereby further amended as follows: 1. By deleting Section 4 in its entirety and substituting in lieu thereof the following: Section 4. The Board of Commissioners of Oconee County shall hold at least one regular meeting each month on a scheduled basis. Said Board shall normally meet on the first Tuesday in each month for a regular meeting, provided that if said day is an election day, a holiday or because of the scheduled absence of Board members, or other good cause, the Board or the Chairman may change the meeting date. The date and time of the rescheduled meeting shall be publicly announced and posted in a public place near the entrance of the Courthouse at least five days prior to the rescheduled meeting. A majority of the Board shall constitute a quorum. A copy of a summary of the Board's monthly disbursements and receipts, shown by department or budget category, shall be maintained as a public record for public inspection during regular working hours at the office of the Board. ADOPTED AND APPROVED by vote of the Board of Commissioners at regular meetings held on May 5, 1987 and June 2, 1987. OCONEE COUNTY BOARD OF COMMISSIONERS BY: Choyce A. Johnson Choyce A. Johnson, Chairman ATTEST: /s/ Karen Fancher Karen Fancher, Clerk APPROVED AS TO FORM: /s/ Wendell T. Dawson Wendell T. Dawson, County Attorney (Seal)

Page 5072

STATE OF GEORGIA) COUNTY OF OCONEE) I, the undersigned, KAREN FANCHER, Clerk of the Oconee County Board of Commissioners, do hereby certify that the foregoing copy is a true and correct copy of the original Resolution as finally adopted by the Oconee County Board of Commissioners in regular session, Tuesday, June 2, 1987, after having been first adopted on Tuesday, May 5, 1987. This the 3rd day of June, 1987. /s/ Karen Fancher Karen Fancher, Clerk Oconee County Board of Commissioners STATE OF GEORGIA) COUNTY OF OCONEE) CERTIFICATION This is to certify that a copy of the above and foregoing Ordinance has been received by this office and filed as provided by law for the purpose of examination and inspection by the public. This 7th day of May, 1987. /s/ Sandra C. Glass Sandra C. Glass, Clerk, Superior Court, Oconee County (Seal) Notice is hereby given that at their next regularly scheduled meeting, and continued thereafter from time to time, The Board of Commissioners of Oconee County will consider an Ordinance, adopted under the Home Rule Powers granted to Counties pursuant to Article IX, Section two, paragraph one, of the Constitution of Georgia, 1983, to amend an Act, as amended, pertaining to the creation of the governing authority of Oconee County, prescribing its duties, responsibilities, terms of office, method of election and related matters, by an Act of the General Assembly of 1917, Georgia Laws 1917, page 384, as amended, so as

Page 5073

to amend said 1917 Act to revise Section four thereof to provide for the scheduling of regular meetings of the Board of Commissioners and to change the method of publication of records of expenditures and disbursements of the Board of Commissioners; to repeal conflicting laws; and for other purposes. A copy of the proposed Ordinance is on file in the office of the Clerk of the Superior Court of Oconee County for the purposes of examination and inspection by the public. CHOYCE A. JOHNSON, Chairman Oconee County Board of Commissioners PN: 5-14, 21, 28. STATE OF GEORGIA) COUNTY OF OCONEE) Personally appeared before the undersigned officer duly authorized under the Laws of Georgia to administer oaths, Vinnie Williams, who on oath deposes and says that she is the Editor of The Oconee Enterprise , a newspaper published in Watkinsville, Georgia, of general circulation, and that the attached advertisement has been published in The Oconee Enterprise once a week for three weeks in the regular issues of May 14, May 21, and May 28, 1987. /s/ Vinnie Williams Vinnie Williams Sworn to and subscribed before me this 3d day of June, 1987. /s/ Jean Bryan Smith Notary Public Notary Public, Georgia, State At Large My Commission Expires Mar. 1, 1988 (Seal) Filed in the Office of the Secretary of State June 10, 1987.

Page 5074

DEKALB COUNTYDEKALB COUNTY PENSION BOARD; REIMBURSEMENT OF CONTRIBUTIONS; SOCIAL SECURITY. 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 CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAWS 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR REIMBURSEMENT OF CONTRIBUTIONS MADE SUBSEQUENT TO THE 40TH ANNIVERSARY OF EMPLOYMENT AND TO PROVIDE FOR THE NON-DEDUCTION OF SOCIAL SECURITY FROM BENEFITS PAID, 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, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows: I. By amending Section 2.310 by adding the following language to said section: Any employee who has made contributions to the pension plan for a period in excess of 40 years shall be reimbursed such contributions to the extent such contributions were made subsequent to the 40th anniversary of employment. II. By amending Section 2.308(b) (2) (A) by striking said section in its entirety and substituting therefor the following: A. Delayed retirement date. A participant may remain in the active employ of the County beyond normal retirement

Page 5075

and, upon retirement, shall retire from the employment of the County on the first day of the month coinciding with or next following the end of the last period which date shall be the delayed retirement date. III. By amending Section 2.327 by adding the following paragraphs to said section: Notwithstanding any other provision of this Ordinance, effective April 1, 1987, social security benefits shall not be deducted from benefits payable to officers, deputies and employees who have retired or become disabled and who are receiving pensions from DeKalb County under the pension plan provided under Georgia Laws 1949, page 415, as amended. Notwithstanding any other provision of this Ordinance, effective April 1, 1987, social security benefits shall not be deducted from benefits payable to officers, deputies and employees who have retired or become disabled and who are receiving pensions from DeKalb County under the pension plan provided under Georgia Laws 1953, page 3198, as amended. IV. All laws or parts of laws in conflict with this Ordinance are hereby repealed. V. 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. VI. 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

Page 5076

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 purposes of examination and inspection by the public. VII. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 28th day of April 1987, and again on the 12th day of May 1987, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VIII. A copy of the 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. IX. The provisions of this Ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners, this 12th day of May 1987. /s/ Brince H. Manning, III Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, this 12th day of May 1987. /s/ Manuel J. Maloof Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia

Page 5077

ATTEST: /s/ David W. Joyner David W. Joyner, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: /s/ Albert Sidney Johnson Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer 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 meetings held on April 28, 1987, and on May 12, 1987. This 4th day of June 1987. /s/ David W. Joyner DAVID W. JOYNER, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Sworn to and subscribed before me this 4th day of June, 1987. /s/ Lucy J. Tallon Notary Public Notary Public, Georgia, State at Large My Commission Expires June 18, 1988 PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on April

Page 5078

28, 1987, and May 12, 1987, will consider an ordinance to amend the act creating the DeKalb County Pension Board, known as G. Laws 1962, p. 3088, as amended, so as to further amend said act to provide for reimbursement of contributions made subsequent to the 40th anniversary of employment and to provide for the non-deduction of social security from benefits paid, 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. This 15th day of April 1987. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 27-5559, 4/23-5/7 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 April 23, April 30 and May 7, 1987. /s/ Gerald W. Crane GERALD W. CRANE Publisher Decatur-DeKalb News

Page 5079

Sworn to and subscribed before me this 7th day of May, 1987. /s/ Janet K. Simpson Notary Public (Seal) Filed in the Office of the Secretary of State June 12, 1987. DEKALB COUNTYDEKALB COUNTY PENSION BOARD; SELECTION OF OFFICERS. 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 CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAWS 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR SELECTION OF OFFICERS; COMPUTATION OF BENEFITS; 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, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows: I . Section 1 . By amending Section 2.301 by adding the following language to the end of the first paragraph of said section: Notwithstanding any provision hereof, no department, office or agency of DeKalb County shall be represented by more

Page 5080

than one officer, employee or deputy employed in such department, office or agency. In the event two or more candidates employed by a department, office or agency shall receive a number of votes higher than candidates employed by other departments, offices or agencies, only the candidate in a single department, office or agency who receives the highest number of votes shall be certified as a member of the board. Section 2 . By deleting Section 2.308(a)(3) in its entirety and substituting in lieu thereof the following: (3) Accrued benefit as of the date of determination shall mean the participant's monthly retirement benefit equal to the sum of (i) and (ii), where: (i) Is two per cent (2%) of average compensation multiplied by the participant's years of service not in excess of 30 and (ii) Is one per cent (1%) of average compensation multiplied by his years of service in excess of 30 but not in excess of 40. Section 3 . By deleting Section 2.308(b)(1)(B) in its entirety and substituting in lieu thereof the following: B. Normal retirement benefit. The monthly retirement benefit payable to a participant who retires on his normal retirement date shall be an amount equal to two per cent (2%) of the participant's average compensation multiplied by his years of service (calculated to the nearest one-twelfth of a year) not to exceed 30 plus one per cent (1%) of the participant's average compensation multiplied by his years of service in excess of 30 but not in excess of 40, such benefit to commence on his normal retirement date and be payable on the first day of each month thereafter during the lifetime of the participant with a minimum of 120 payments to the participant or his beneficiary. Section 4 . By adding a new Section 2.308(b)(1)(C) as follows: C. Adjustments to retirement benefits. Effective July 1, 1987, benefits payable to officers, deputies and employees

Page 5081

who have retired or become disabled and who are receiving pensions from DeKalb County under this Ordinance or under the pension plan provided under Georgia Laws 1949, Page 415, as amended or under the pension plan provided by Georgia Laws 1953, Page 3198, as amended, shall be increased by 3% of the retirement benefit payable for the month of June 1987. 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 purposes 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 12th day of May 1987, and again on the 26th day of May 1987, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VI. A copy of the Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection

Page 5082

by the public, along with sufficient copies of same for distribution to those members of the public. VII. The provisions of this Ordinance shall become effective July 1, 1987. ADOPTED by the DeKalb County Board of Commissioners, this 26th day of May 1987. /s/ Brince H. Manning, III Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, this 26th day of May 1987. /s/ Manuel J. Maloof Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia ATTEST: /s/ David W. Joyner David W. Joyner, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: /s/ Albert Sidney Johnson Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of

Page 5083

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 meetings held on May 12, 1987, and on May 26, 1987. This 4th day of June 1987. /s/ David W. Joyner DAVID W. JOYNER, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Sworn to and subscribed before me this 4th day of June, 1987. /s/ Lucy J. Tallon Notary Public Notary Public, Georgia, State at Large My Commission Expires June 18, 1988 PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on May 12, 1987, and May 26, 1987, will consider an ordinance to amend the act creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, so as to further amend said act to provide for selection of officers, computation of benefits, 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 oridinance has been filed with the Clerk of DeKalb Superior

Page 5084

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 4th day of May, 1987. Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia 27-6097, 5/7-5/21 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 May 7, May 14, and May 21, 1987. /s/ Gerald W. Crane GERALD W. CRANE Co-Publisher Decatur-DeKalb News Sworn to and subscribed before me this 21st day of May, 1987. /s/ Janet K. Simpson Notary Public (Seal) Filed in the office of the Secretary of State June 12, 1987.

Page 5085

COBB COUNTYSTREETS; ASSESSMENTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. A RESOLUTION AND ORDINANCE To continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of Cobb County to provide for the construction and maintenance, which shall include paving of streets, sidewalks or curbing, either one or a combination of two or more, in unincorporated Cobb County, and to assess the cost thereof on a lineal foot basis against the abutting property; and to provide for collection of such assessments and creation of liens against abutting property (Ga. L. 1956, P. 363, Act No. 59 1); to provide the authority for this Resolution; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE BOARD OF COMMISSIONERS OF COBB COUNTY: Section 1. That constitutional amendment authorizing the governing authority of Cobb County to provide for the construction and maintenance, which shall include paving of streets, sidewalks or curbing, either one or a combination of two or more, in any part of Cobb County outside the corporate limits of any municipality located therein, and to assess the cost thereof on a lineal foot basis against the abutting property, and further authorizing the governing authority to provide for the issuance of and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property (Ga. L. 1956, P. 363, Act No. 59 1) shall not be repealed or deleted on July 1, 1987, as a part of the Constitution of the State of Georgia but is specifically continued in force and effect on and after that date as a part of the Constitution of the State of Georgia. Section 2. This Resolution is passed pursuant to Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I, of the Constitution of the State of Georgia of 1983. Section 3. All laws and parts of laws in conflict with this Resolution are repealed.

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Section 4. This Resolution is effective immediately upon adoption. CERTIFICATION: ADOPTION OF RESOLUTION CONTINUING IN EFFECT THAT LOCAL CONSTITUTIONAL AMENDMENT REPORTED AT GA. L. 1956, P. 363, ACT NO. 59 1 I, the undersigned Clerk of the Cobb County Board of Commissioners, do hereby certify that the attached Resolution was duly read and considered by the Cobb County Board of Commissioners at two regular consecutive meetings of the Board of Commissioners held on May 12, 1987 and May 26, 1987, and was duly adopted, after advertisement in the Marietta Daily Journal on May 8, May 15 and May 22, 1987. The Board of Commissioners is the duly elected governing authority for Cobb County. Said Resolution has been neither rescinded, repealed, modified or amended. SO CERTIFIED under my hand and seal this 15th day of June, 1987. /s/ Samuel M. Young SAMUEL M. YOUNG, Clerk Cobb County Board of Commissioners (SEAL) AFFIDAVIT OF PUBLICATION GEORGIA, COBB COUNTY Personally appeared before the undersigned attesting officer, duly authorized by law to administer oaths, HARRIS S. KETTLES, who after first being duly sworn, deposes and says: I hold the position of General Manager with the Marietta Daily Journal, the official gazette for legal advertisements in Cobb County, Georgia, being the organ in which Sheriff's advertisements are run, and being a newspaper of general circulation in Cobb County. I do hereby certify that the foregoing notice

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was duly published in the Marietta Daily Journal on May 8, May 15 and May 22, 1987. This 27th day of May, 1987. /s/ Harris S. Kettles HARRIS S. KETTLES Sworn to and subscribed before me this 27th day of May, 1987. /s/ Julia B. McCarson Notary Public Notary Public, Cobb County, Georgia My Commission Expires May 10, 1990 (Seal) NOTICE REGARDING ADOPTION OF RESOLUTION BY BOARD OF COMMISSIONERS OF COBB COUNTY CONTINUING IN EFFECT A CERTAIN LOCAL CONSTITUTIONAL AMENDMENT PLEASE TAKE NOTICE that the Board of Commissioners of Cobb County will consider adoption of a resolution continuing in effect as a part of the Constitution of the State of Georgia of 1983 that local constitutional amendment generally authorizing the governing authority of Cobb County to provide for the construction and maintenance, including paving of streets, sidewalks or curbing, and to assess the cost thereof on a lineal foot basis against the abutting property, and further authorizing the governing authority to provide for the issuance of and enforcement of execution for collection of such assessments and for the creation of liens thereby against such abutting property (Ga. L. 1956, p. 363, Act No. 59 s.s. 1). Such consideration will be given at two consecutive regular Board meetings at 9:30 A.M. on May 12, 1987, and at 7:00 P.M. on May 26, 1987, in the Third Floor Meeting Room, Administration Building, 10 E. Park Square, Marietta, Georgia. Any interested person may appear and make known your views. A copy of the proposed resolution continuing said local constitutional amendment in effect is on file in the office of the Clerk

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of Cobb Superior Court and in the office of the Clerk of the Cobb County Board of Commissioners for examination and inspection by the public. COBB COUNTY BOARD OD COMMISSIONERS 5:8,15,22 Filed in the Office of the Secretary of State June 19, 1987. DEKALB COUNTYSTRUCTURES UNFIT FOR HUMAN HABITATION; TIME PERIODS. A RESOLUTIONSTRUCTURES UNFIT FOR HUMAN HABITATION A RESOLUTION BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT AUTHORIZING DEKALB COUNTY TO REQUIRE THE REPAIRING, CLOSING, OR DEMOLITION OF CERTAIN DWELLINGS OR STRUCTURES WHICH ARE UNFIT FOR HUMAN HABITATION OR OCCUPATION OR WHICH IMPERIL THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF SAID COUNTY, KNOWN AS GA. LAWS 1975, PAGE 3927 AMENDED BY GA. LAWS 1980, PAGE 4577, SO AS TO CHANGE CERTAIN PROVISIONS CONCERNING THE TIME PERIOD THAT MUST ELAPSE BEFORE THE COUNTY CAN ORDER REPAIRING, CLOSING, OR DEMOLITION OF STRUCTURES AT PUBLIC EXPENSE, AND FOR OTHER PURPOSES. Be it resolved by the Board of Commissioners of DeKalb County, Georgia and it is hereby resolved by authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the act authorizing DeKalb County to require the repairing, closing or demolition of certain

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dwellings or structures intended for human habitation or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of DeKalb County, known as Ga. Laws 1975, page 3927 amended by Ga. Laws 1980, page 4577, be and the same is hereby amended as follows: I. By amending Section 4 of said Act by deleting the language but in no event shall the time be less than six (6) months from the date said order is transmitted to the land owner or other parties hereon referred to above as having an interest in said property. So that Section 4, when so amended, shall read as follows: The governing authority of DeKalb County, Georgia, is authorized to pass ordinances, rules and regulations granting to the county official or board charged with the duty of conducting the hearing referred to in Section 3 above, the authority to order the land owner or any person or corporation to repair, close, or demolish the dwellings or structures referred to in Section 1 and 2 above; provided, said order is coupled with a finding of fact that said dwellings or structures are unfit for human habitation, or imperil the health, safety and welfare of the citizens of DeKalb County. Said finding of fact shall be coupled with a brief explanation sufficient to inform the land owner or any person or corporation why said dwelling or structure is deemed to be unfit for human habitation or imperil the health, safety and welfare of the citizens of DeKalb County, Georgia. In no event shall the governing authority of DeKalb County, Georgia, authorize the repairing, closing or demolition of any dwellings or structures herein referred to at public expense until there has elapsed thirty (30) days from the date said land owner, or others, have received the finding of fact of the county's designated hearing officer or board, and the order commanding the land owner and others to repair, close or demolish the dwellings or structures concerned. II. All laws or part of laws in conflict with this Resolution are hereby repealed.

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III. Should any part, portion or paragraph of this Resolution be declared unconstitutional or void by a Court of competent jurisdiction, such declaration shall not effect the remaining portions of this Resolution not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. IV. This Resolution shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) or more than sixty (60) days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official organ of DeKalb County once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. V. This Resolution shall be first presented to the Board of Commissioners of DeKalb County on the 12th day of May, 1987, and again on the 26th day of May, 1987, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County. VI. A synopsis of this Resolution shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 7th day of May, 1987, the 14th day of May, 1987, and the 21st day of May, 1987, and a copy of this Resolution shall be filed with the Clerk of DeKalb County Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public who desire the same.

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ADOPTED THIS 26 day of May, 1987 by the DeKalb County Board of Commissioners. /s/ Brince H. Manning, III Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, this 26 day of May, 1987. /s/ Manuel J. Maloof Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia Attest: /s/ David W. Joyner David W. Joyner, Clerk Board of Commissioners, and Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: /s/ Albert Sidney Johnson Albert Sidney Johnson County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer 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 meetings held on May 12, 1987, and on May 26, 1987.

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This 15th day of June 1987. /s/ David W. Joyner David W. Joyner, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia (Seal) Sworn and subscribed before me this 15th day of June, 1987. /s/ Gene H. Doi Notary Public Notary Public, DeKalb County, Georgia My Commission Expires March 30, 1990 (Seal) NOTICE TO THE PUBLIC The public is hereby notified that he Chief Executive Officer of DeKalb County, Georgia will present to the full Board of Commissioners at its regular meetings on May 12, 1987, and May 26, 1987, a Resolution to amend the Act authorizing DeKalb County to require the repairing, closing or demolition of certain buildings or structures intended for human habitation or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said County, known as Ga. Laws 1975, page 3927, amended by Ga. Laws 1980, page 4577, so as to change a certain provision concerning the time period that must elapse before the county can order the repairing, closing, or demolition of structures at public expense, and for other purposes. The public is further notified that in order to carry out the provisions of said Resolution, it is necessary for the Board of Commissioners to adopt a Resolution at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which Resolution specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia.

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The public is hereby further notified that a copy of said proposed Resolution has been filed with the Clerk, DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia, for examination and inspection and that copies are available from him for interested members of the public. This 16th day of April, 1987. Manuel J. Maloof Chief Executive Officer DeKalb County 27-5723,5/7/-5/21 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 May 7, May 14, and May 21, 1987. /s/ Gerald W. Crane GERALD W. CRANE Co-Publisher Decatur-DeKalb News Sworn to and subscribed before me this 21st day of May, 1987. /s/ Janet K. Simpson Notary Public (Seal) Filed in the Office of the Secretary of State June 25, 1987.

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BIBB COUNTYHOMESTEAD EXEMPTION; COOPERATIVE OWNERSHIP; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1978, PAGE 2360 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION SO AS TO INCLUDE CERTAIN TYPES OF COOPERATIVE OWNERSHIP WITHIN THE TERM `HOMESTEAD' AS THAT TERM IS USED FOR PURPOSES OF DETERMINING CERTAIN EXEMPTIONS FROM CERTAIN TAXATION IN BIBB COUNTY; TO PROVIDE FOR SUBMISSION OF THIS AMENDMENT FOR RATIFICATION OR REJECTION; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-112 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1978, page 2360 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term `homestead' as that term is used for purposes of determining certain exemptions from certain taxation in Bibb County; to provide for submission of this amendment for ratification or rejection; and for other purposes. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution.

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Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection,

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a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1978, Page 2360 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term `homestead' as that term is used for purposes of determining certain exemptions from certain taxation in Bibb County; to provide for submission of this amendment for ratification or rejection; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia laws 1978, Page 2360 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term `homestead' as that term is used for purposes of determining certain exemptions from certain taxation in Bibb County; to provide for submission of this amendment for ratification or rejection; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes.

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A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14, 21, 28, 1986-621121 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987.

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BIBB COUNTYTEMPORARY LOANS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1941, PAGE 21 ET SEQ. AND ENTITLED AN ACT TO PROPOSE TO THE QUALIFIED VOTERS OF GEORGIA AN AMENDMENT TO ARTICLE 7, SECTION 7, PARAGRAPH 1, OF THE CONSTITUTION OF GEORGIA, SO AS TO AUTHORIZE BIBB COUNTY TO MAKE TEMPORARY LOANS BETWEEN JANUARY 1ST AND DECEMBER 31ST OF EACH YEAR TO BE PAID OUT OF THE REVENUES RECEIVED BY THAT COUNTY IN THAT YEAR, AND TO PROVIDE FOR THE AMOUNT OF SAID LOANS; AND TO PROPOSE AN AMENDMENT TO ARTICLE 7, SECTION 7, PARAGRAPH 1, OF THE CONSTITUTION OF GEORGIA, SO AS TO AUTHORIZE BIBB COUNTY TO ISSUE NOTES OR DEBT CERTIFICATES FROM TIME TO TIME IN AGGREGATE AMOUNTS NOT EXCEEDING ONE HUNDRED FIFTY THOUSAND ($150,000.00) DOLLARS, FOR THE PURPOSE APPROPRIATING MONEY AND PROVIDING PROPERTY FOR THE STATE OF GEORGIA OR FOR THE UNITED STATES OF AMERICA FOR THE PURPOSE OF LOCAL, STATE OR NATIONAL DEFENSE.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-113 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1941, Page 21 et seq. and entitled An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Bibb County to make temporary loans between January 1st and December 31st of each year to be paid out of the revenues received by that County in that year, and to provide

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for the amount of said loans; and to propose an amendment to Article 7 Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Bibb County to issue notes or debt certificates from time to time in aggregate amounts not exceeding One Hundred Fifty Thousand ($150,000.00) Dollars, for the purpose appropriating money and providing property for the State of Georgia or for the United States of America for the purpose of local, state or national defense. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article IX, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT

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THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article IX, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that Constitutional amendment appearing in Georgia Laws 1941, Page 21 et seq. and entitled An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Bibb County to make temporary loans between January 1st and December 31st of each year to be paid out of the revenues received by that County in that year, and to provide for the amount of said loans; and to propose an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Bibb County to issue notes or debt certificates from time to time in aggregate amounts not exceeding One Hundred Fifty Thousand ($150,000.00) Dollars, for the purpose appropriatting money and providing property for the State of Georgia or for the United States of America for the purpose of local, state or national defense.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT

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GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section 11, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is an synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1941, Page 21 et seq. and entitled An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Bibb County to make temporary loans between January 1st and December 31 of each year to be paid out of the revenues received by that County in that year, and to provide for the amount of said loans; and to propose an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Bibb County to issue notes or debts certificates from time to time in aggregate amounts not exceeding One Hundred Fifty Thousand ($150,000.00) Dollars, for the purpose appropriating money and providing property for the State of Georgia or for the United States of America for the purpose of local, state or national defense.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Green, Chairman 6/14, 21, 28, 1986-620890

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STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987.

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BIBB COUNTYSPECIAL TAX DISTRICTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1943, PAGE 8 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING TO THE QUALIFIED VOTERS OF GEORGIA AN AMENDMENT TO ARTICLE 11, SECTION 1, OF THE CONSTITUTION OF THIS STATE BY ADDING AT THE END OF SAID SECTION A NEW PARAGRAPH SO AS TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE COUNTY OF BIBB TO ESTABLISH, RE-ESTABLISH, AND ADMINISTER SPECIAL DISTRICTS FOR SANITATION, GARBAGE, REMOVAL AND DISPOSAL, FIRE PREVENTION, POLICE PROTECTION, DRAINAGE, ROAD BUILDING, PAVING, AND IMPROVEMENTS, AND ANY AND ALL OTHER PUBLIC SERVICES AND FACILITIES USUAL AND CUSTOMARILY AFFORDED BY MUNICIPALITIES OF THIS STATE; TO LEVY VARYING AMOUNTS OF TAXES; TO ISSUE BONDS; AND TO LEVY ASSESSMENTS AND SERVICE CHANGES IN CONNECTION WITH THE ESTABLISHMENTS AND ADMINISTRATION OF SAID DISTRICTS; TO PROVIDE MEANS OF COLLECTING SUCH EXECUTIONS, ASSESSMENTS, AND SERVICE CHARGES, AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-114 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1943, Page 8 et seq. and entitled A Resolution proposing to the qualified voters of Georgia an amendment to Article 11, Section 1, of the Constitution of this State by adding at the end of said section a new paragraph so as to authorize

Page 5104

the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation, garbage, removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvement, and any and all other public services and facilities usual and customarily afforded by municipalities of this State; to levy varying amounts of taxes; to issue bonds; and to levy assessments and service charges in connection with the establishments and administration of said districts; to provide means of collecting such executions, assessments, and service charges; and for other purposes. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached here is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed.

Page 5105

COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1943, Page 8 et seq. and entitled A Resolution proposing to the qualified voters of Georgia an amendment to Article 11, Section 1, of the Constitution of this State by adding at the end of said section a new paragraph so as to authorize the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation, garbage, removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvement, and any and all other public services and facilities usual and customarily afforded by municipalities of this State; to levy varying amounts of taxes; to issue bonds; and to levy assessments and service charges in connection with the establishments and administration of said districts; to provide means of collecting such executions, assessments, and service charges; and for other purposes.; to provide the authority for this ordinance; to provide an effect date; to repeal conflicting ordinances and for other purposes.

Page 5106

This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1943, Page 8 et seq. and entitled A Resolution proposing to the qualified voters of Georgia an amendment to Article II, Section 1, of the Constitution of this State by adding at the end of said section a new paragraph so as to authorize the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation, garbage, removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvement, and any and all other public services and facilities usual and customarily afforded by municipalities of this State; to levy varying amounts of taxes; to issue bonds; and to levy assessments and service charges in connection with the establishments and administration of said districts; to provide means of collecting such executions, assessments, and service charges; and for other purposes.; to provide the authority for this ordinance; to provide an effect date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986.

Page 5107

BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14,21,28,1986-620951 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987.

Page 5108

BIBB COUNTYACTS SINCE 1940 VALIDATED; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1950, PAGE 434 ET SEQ. AND ENTITLED AN ACT TO PROPOSE TO THE QUALIFIED VOTERS OF GEORGIA AN AMENDMENT TO ARTICLE 1, SECTION 4, PARAGRAPH 1, OF THE CONSTITUTION OF GEORGIA, SO AS TO RATIFY AND VALIDATE ACTS PASSED SINCE THE FEDERAL CENSUS OF 1940 WHICH HAVE NOT BEEN DIRECTLY DECLARED INVALID BY AN APPELLATE COURT OF THIS STATE AND WHICH AFFECT BIBB COUNTY, ITS COURTS, AGENCIES, TRIBUNALS AND OFFICERS AND OFFICERS AND AGENTS OR EITHER AND ALL WHETHER SUCH AGENTS BE APPLICABLE BY SPECIFIC DESIGNATION OR BY INCLUSION IN POPULATION CLASSIFICATION; TO PROVIDE FOR THE SUBMISSION OF THE AMENDMENT FOR RATIFICATION BY THE PEOPLE; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLECTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-115 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1950, page 434 et seq. and entitled An Act to propose to the qualified voters of Georgia an amendment to Article 1, Section 4, Paragraph 1, of the Constitution of Georgia, so as to ratify and validate Acts passed since the Federal census of 1940 which have not been directly declared invalid by an appellate court of this State and which affect Bibb County, its courts, agencies, tribunals and officers and officers and agents of either and all whether such agents be applicable by specific designation or by inclusion in population classification; to provide for the submission of the amendment for ratification by the people; and for other purposes. shall not be repealed or deleted

Page 5109

on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board

Page 5110

GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1950, page 434 et seq. and entitled An Act to propose to the qualified voters of Georgia an amendment to Article 1, Section 4, Paragraph 1, of the Constitution of Georgia, so as to ratify and validate Acts passed since the Federal census of 1940 which have not been directly declared invalid by an appellate court of this State and which affect Bibb Cuonty, its courts, agencies, tribunals and officers and officers and agents of either and all whether such agents be applicable by specific designation or by inclusion in population classification; to provide for the submission of the amendment for ratification by the people; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis:

Page 5111

An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1950, Page 434 et seq. and entitled An Act to propose to the qualified voters of Georgia an amendment to Article 1, Section 4, Paragraph 1, of the Constitution of Georgia, so as to ratify and validate Acts passed since the Federal census of 1940 which have not been directly declared invalid by a appellate court of this State and which affect Bibb County, its courts, agencies, tribunals and officers and officers and agents of either and all whether such agents by applicable by specific designation or by inclusion in population classification; to provide for the submission of the amendment for ratification by the people; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14,21,28,1986-620960 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND NEWS AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED

Page 5112

IN THE MACON TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987. BIBB COUNTYBUILDING CODES AND PERMITS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1953 (NOVEMBER-DECEMBER SESSION), PAGE 491 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING TO THE QUALIFIED VOTERS AN AMENDMENT TO ARTICLE VI, SECTION XVII, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA SO AS TO AUTHORIZE THE COUNTY BOARD OF COMMISSIONERS FOR THE COUNTY OF BIBB TO PRESCRIBE, ADMINISTER AND ENFORCE BUILDING, CONSTRUCTION, ELECTRICAL AND PLUMBING RULES, REGULATIONS AND STANDARDS IN AND FOR THAT AREA OF BIBB COUNTY LYING OUTSIDE THE CORPORATE LIMITS OF ANY INCORPORATED MUNICIPALITY IN SAID COUNTY: TO AUTHORIZE SAID BOARD TO VARY SUCH RULES,

Page 5113

REGULATIONS AND STANDARDS IN AND FOR DIFFERENT AREAS OF BIBB COUNTY; TO PROVIDE THAT SAID BOARD MAY LEVY AN AD VALOREM TAX AND/OR FEES AND COLLECT PERMIT AND INSPECTION FEES FOR COSTS OF ADMINISTERING AND ASSURING ENFORCEMENT OF SUCH RULES, REGULATIONS AND STANDARDS; TO PROVIDE FOR PROSECUTION AND PUNISHMENT OF VIOLATORS OF SUCH RULES, REGULATIONS AND STANDARDS; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-116 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1953 (November-December Session), Page 491 et seq. and entitled A Resolution Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia so as to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, construction, electrical and plumbing rules, regulations and standards in and for that area of Bibb County lying outside the corporate limits of any incorporated municipality in said county; to authorize said board to vary such rules, regulations and standards in and for different areas of Bibb County; to provide that said board may levy an ad valorem tax and/or fees and collect permit and inspection fees for costs of administering and assuring enforcement of rules, regulations and standards; to provide for prosecution and punishment of violators of such rules, regulations and standards; and for other purposes; shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance

Page 5114

with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1953 (November-December Session),

Page 5115

Page 491 et seq. and entitled A Resolution Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia so as to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, construction, electrical and plumbing rules, regulations and standards in and for that area of Bibb County lying outside the corporate limits of any incorporated municipality in said county; to authorize said board to vary such rules, regulations and standards in and for different areas of Bibb County; to provide that said board may levy an ad valorem tax and/or fees and collect permit and inspection fees for costs of administering and assuring enforcement of rules, regulations and standards; to provide for prosecution and punishment of violators of such rules, regulations and standards; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1953, (November-December Session), Page 491 et seq. and entitled A Resolution Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia so as to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building,

Page 5116

construction, electrical and plumbing rules, regulations and standards in and for that area of Bibb County lying outside the corporate limits of any incorporated municipality in said county; to authorize said board to vary such rules, regulations and standards in and for different areas of Bibb County; to provide that said board may levy an ad valorem tax and/or fees and collect permit and inspection fees for costs of administering and assuring enforcement of rules, regulations and standards; to provide for prosecution and punishment of violators of such rules, regulations and standards; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14,21,28,1986-620973 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger

Page 5117

SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987. BIBB COUNTYLEGISLATIVE POWERS OVER TRAFFIC AND POLICE POWERS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1953 (NOVEMBER-DECEMBER SESSION), PAGE 526 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING TO THE QUALIFIED VOTERS AN AMENDMENT TO ARTICLE VI, SECTION XVII, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY OF GEORGIA TO DELEGATE TO THE COUNTY BOARD OF COMMISSIONERS FOR THE COUNTY OF BIBB LEGISLATIVE POWERS OVER MATTERS PRIMARILY OF LOCAL CONCERN; TO REASONABLY VARY OR PERMIT REASONABLE VARIATION IN THE APPLICATION OF SUCH POWERS IN AND FOR DIFFERENT AREAS OF BIBB COUNTY ACCORDING TO THE NEED OF SUCH AREA AND THE WELFARE OF ITS INHABITANTS; TO PROVIDE THAT THE POWERS DELEGATED

Page 5118

SHALL BE RESTRICTED TO TRAFFIC PROBLEMS AND TO THE EXERCISE OF POLICE POWERS AFFECTING THE SECURITY OF BIBB COUNTY AND OF ITS INHABITANTS; TO PROVIDE FOR THE SUBMISSION OF THE ADMENDMENT FOR RATIFICATION; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-117 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1953 (November-December Session), Page 526 et seq. and entitled A Resolution Proposing to the qualified voters an amendment to Article VI, Section VII, Paragraph I of the Constitution of Georgia, so as to authorize the General Assembly of Georgia to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern; to reasonably vary or permit reasonable variation in the application of such powers in and for different areas of Bibb County according to the need of such area and the welfare of its inhabitants; to provide that the powers delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants; to provide for the submission of the amendment for ratification; and for other purposes; shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence for filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks

Page 5119

of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1953 (November-December Session),

Page 5120

Page 526 et seq. and entitled A Resolution Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph I of the Constitution of Georgia, so as to authorize the General Assembly of Georgia to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern; to reasonably vary or permit reasonable variation in the application of such powers in and for different areas of Bibb County according to the need of such area and the welfare of its inhabitants; to provide that the powers delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants; to provide for the submission of the amendment for ratification; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1953, (November-December Session), Page 526 et seq. and entitled A Resolution Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia so as to authorize the General Assembly of Georgia to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern;

Page 5121

to reasonably vary or permit reasonable variation in the application of such powers in and for different areas of Bibb County according to the need of such area and the welfare of its inhabitants; to provide that the powers delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants; to provide for the submission of the amendment for ratification; and for other purposes.; to provide the authority to this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14, 21, 28, 1986-620994 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger

Page 5122

SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987. BIBB COUNTYCIVIL SERVICE SYSTEM; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1955, PAGE 682 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING TO THE QUALIFIED VOTERS OF GEORGIA AN AMENDMENT TO PARAGRAPH I, SECTION IV, ARTICLE VII OF THE CONSTITUTION OF GEORGIA OF 1945 SO AS TO PROVIDE A CIVIL SERVICE SYSTEM AND A CIVIL SERVICE BOARD FOR BIBB COUNTY; TO PROVIDE FOR THE APPOINTMENT AND REMOVAL OF THE MEMBERS OF SAID BOARD AND THEIR QUALIFICATIONS, TERM OF OFFICE, AND SALARIES; TO PRESCRIBE THE DUTIES OF THE CIVIL SERVICE BOARD; TO PROVIDE TO WHAT EMPLOYEES THE PROVISIONS OF THIS ACT SHALL BE APPLICABLE; TO PROVIDE FOR THE CLASSIFICATION AND QUALIFICATIONS OF EMPLOYEES; TO PROVIDE FOR A MINIMUM, INTERMEDIATE, AND MAXIMUM SALARY SCHEDULE FOR CLASSIFIED

Page 5123

EMPLOYEES; TO PROVIDE FOR THE HOLDING OF EXAMINATIONS UNDER THE PROVISIONS OF THIS ACT; TO PROVIDE FOR PROBATIONARY PERIODS OF EMPLOYMENT; TO PROVIDE HOW AND IN WHAT MANNER AND FOR WHAT REASON EMPLOYEES MAY BE DEMOTED, SUSPENDED, OR DISCHARGED; TO PROVIDE FOR TRIALS OF EMPLOYEES CHARGED WITH THE VIOLATION OF CIVIL SERVICE RULES OR PROVISIONS; TO PROVIDE A UNIFORM PROCEDURE FOR HANDLING CERTAIN PERSONNEL AFFAIRS OF SUCH COUNTY; TO PROVIDE FOR PROMOTIONS, SUSPENSIONS, REDUCTION AND REMOVAL OF CERTAIN COUNTY EMPLOYEES; TO PROVIDE FOR THE CERTIFICATION OF PAYROLLS, THE ADMINISTERING OF OATHS, THE KEEPING OF RECORDS AND FURNISHING OF INFORMATION IN CONNECTION WITH THE UNIFORM PROCEDURE HEREIN PRESCRIBED; TO PROHIBIT COUNTY EMPLOYEES COMING UNDER THE PROVISIONS OF THIS SYSTEM FROM DOING CERTAIN THINGS IN VIOLATION THEREOF; TO PROVIDE A PENALTY FOR ALL PERSONS VIOLATING THE PROVISIONS OF THIS SYSTEM; TO PROVIDE FOR A SECRETARY TO THE BOARD AND DEFINE HIS POWERS AND DUTIES; TO PROVIDE FOR REMOVALS IN THE INTEREST OF ECONOMY; TO ESTABLISH RE-EMPLOYMENT LISTS AND PROVIDE FOR LEAVES OF ABSENCE AND VACATION; TO PROVIDE LEAVE FOR COUNTY EMPLOYEES IN MILITARY SERVICE; TO FIX THE RESPONSIBILITY FOR THE CONDUCT OF THE AFFAIRS OF COUNTY GOVERNMENT; TO PROVIDE FOR THE BONDING OF EMPLOYEES UNDER CLASSIFIED SERVICES; TO PROVIDE FOR THE REPEAL OF CONFLICTING LAWS; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-118 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1955, Page 682 et seq. and entitled A Resolution Proposing to the qualified voters of Georgia an amendment to

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Paragraph I, Section IV, Article VII of the Constitution of Georgia of 1945 so as to provide a Civil Service System and a Civil Service Board for Bibb County; to provide for the appointment and removal of the members of said board and their qualifications, term of office, and salaries; to prescribe the duties of the civil service board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualifications of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of examinations under the provisions of this Act; to provide for probationary periods of employment; to provide how and in what manner and for what reason employees may be demoted, suspended, or discharged; to provide for trials of employees charged with the violation of civil service rules or provisions; to provide a uniform procedure for handling certain personnel affairs of such county; to provide for promotions, suspensions, reduction and removal of certain county employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit county employees coming under the provisions of this system for doing certain things in violation thereof; to provide a penalty for all persons violating the provisions of this system; to provide for a secretary to the board and define his powers and duties; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide leave for county employees in military service; to fix the responsibility for the conduct of the affairs of county government; to provide for the bonding of employees under classified services; to provide for the repeal of conflicting laws; and for other purposes. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance

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with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title:

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An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1955, Page 682 et seq. and entitled A Resolution Proposing to the qualified voters of Georgia an amendment to Paragraph I, Section IV, Article VII of the Constitution of Georgia of 1945 so as to provide a Civil Service System and a Civil Service Board for Bibb County; to provide for the appointment and removal of the members of said board and their qualifications, term of office, and salaries; to prescribe the duties of the civil service board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualifications of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of examinations under the provisions of this Act; to provide for probationary periods of employment; to provide how and in what manner and for what reason employees may be demoted, suspended, or discharged; to provide for trials of employees charged with the violation of civil service rules or provisions; to provide a uniform procedure for handling certain personnel affairs of such county; to provide for promotions, suspensions, reduction and removal of certain county employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit county employees coming under the provisions of this system from doing certain things in violation thereof; to provide a penalty for all persons violating the provisions of this system; to provide for a secretary to the board and define his powers and duties; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide leave for county employees in military service; to fix the responsibility for the conduct of the affairs of county government; to provide for the bonding of employees under classified services; to provide the repeal of conflicting laws; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986.

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/s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1955, Page 682 et seq. and entitled A Resolution Proposing to the qualified voters an amendment to Paragraph I, Section IV, Article VII of the Constitution of Georgia of 1945 so as to provide a Civil Service System and a Civil Service Board of Bibb County; to provide for the appointment and removal of the members of said board and their qualifications, term of office, and salaries; to prescribe the duties of the civil service board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualifications of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of examinations under the provisions of this Act; to provide for probationary periods of employment; to provide how and in what manner and for what reason employees may be demoted, suspended, or discharged; to provide for trials of employees charged with the violation of civil service rules or provisions; to provide a uniform procedure for handling certain personnel affairs of such county; to provide for promotions, suspensions, reduction and removal of certain county employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit county employees coming under the provisions of this system from doing certain things

Page 5128

in violation thereof; to provide a penalty for all persons violating the provisions of this system; to provide for a secretary to the board and define his powers and duties; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide leave for county employees in military service; to fix the responsibility for the conduct of the affairs of county government; to provide for the bonding of employees under classified services; to provide the repeal of conflicting laws; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14, 21, 28, 1986-621033 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger

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SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987. BIBB COUNTYLICENSE FEES AND TAXES; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1961, PAGE 611 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING TO THE QUALIFIED VOTERS OF BIBB COUNTY AN AMENDMENT TO ARTICLE VII, SECTION I, PARAGRAPH III OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1945, AND AS THE SAME HAS BEEN HERETOFORE, OR MAY BE, CONTEMPORANEOUSLY WITH THE RATIFICATION HEREOF, AMENDED, SO AS TO AUTHORIZE THE GOVERNING AUTHORITY OF BIBB COUNTY TO ASSESS AND COLLECT LICENSE FEES AND TAXES, BOTH OR EITHER, FROM ALL PERSONS, FIRMS AND CORPORATIONS CONDUCTING BUSINESS IN ANY AREA OF BIBB COUNTY OUTSIDE THE INCORPORATED LIMITS OF MUNICIPALITIES, AND TO CLASSIFY THE SAME USING THEREFOR ANY

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REASONABLE FACTORS OF CLASSIFICATION, INCLUDING GROSS AND NET RECEIPTS, EITHER OR BOTH; AND AUTHORITY TO SAID GOVERNING AUTHORITY TO PRESCRIBE AND ENFORCE REGULATIONS CONCERNING THE SAME; TO PROVIDE FOR THE LIEN AND COLLECTION OF ANY SUCH LICENSE FEE OR TAX AND THE PUNISHMENT FOR FAILURE TO PAY ANY SUCH LICENSE FEE OR TAX OR THE VIOLATION OF ANY SUCH REGULATION; TO PROVIDE FOR SUBMISSION OF THIS AMENDMENT FOR RATIFICATION OR REJECTION BY THE QUALIFIED VOTERS OF BIBB COUNTY; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-119 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1961, Page 611 et seq. and entitled A Resolution Proposing to the qualified voters of Bibb County an amendment to Article VII, Section I, Paragraph III of the Constitution of the State of Georgia of 1945, and as the same has been heretofore, or may be, contemporaneously with the ratification hereof, amended, so as to authorize the governing authority of Bibb County to assess and collect license fees and taxes, both or either, from all persons, firms and corporations conducting business in any area of Bibb County outisde the incorporated limits of municipalities, and to classify the same using therefor any reasonable factors of classification, including gross and net receipts, either or both; and authority to said govering authority to prescribe and enforce regulations concerning the same; to provide for the lien and collection of any such license fee or tax and the punishment for failure to pay any such license fee or tax or the violation of any such regulation; to provide for submission of this amendment for ratification or rejection by the qualified voters of Bibb County; and for other purposes. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia.

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Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board

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GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article IX, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1961, Page 611 et seq. and entitled A Resolution Proposing to the qualified voters of Bibb County an amendment to Article VII, Section I, Paragraph III of the Constitution of the State of Georgia of 1945, and as the same has been heretofore, or may be, contemporaneously with the ratification hereof, amended, so as to authorize the governing authority of Bibb County to assess and collect license fees and taxes, both or either, from all persons, firms and corporations conducting business in any area of Bibb County outside the incorporated limits of municipalities, and to classify the same using therefor any reasonable factors of classification, including gross and net receipts, either or both; and authority to said governing authority to prescribe and enforce regulations concerning the same; to provide for the lien and collection of any such license fee or tax and the punishment for failure to pay any such license fee or tax or the violation of any such regulation; to provide for submission of this amendment for ratification or rejection by the qualified voters of Bibb County; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT

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GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1961, Page 611 et seq. and entitled A Resolution Proposing to the qualified voters of Bibb County on amendment to Article VII, Section I, Paragraph III of the Constitution of the State of Georgia of 1945, and as the same has been heretofore, or may be, contemporaneously with the ratification hereof, amended, so as to authorize the governing authority of Bibb County to assess and collect license fees and taxes, both or either, from all persons, firms and corporations conducting business in any area of Bibb County outside the incorporated limits of municipalities, and to classify the same using therefor any reasonable factors of classification, including gross and net receipts, either or both; and authority to said governing authority to prescribe and enforce regulations concerning the same; to provide for the lien and collection of any such license fee or tax and the punishment for failure to pay any such license fee or tax or the violation of any such regulation; to provide for submission of this amendment for ratification or rejection by the qualified voters of Bibb County; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986.

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BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14, 21, 28, 1986-621048 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987.

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BIBB COUNTYSTREET AND ROAD CONSTRUCTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1962, PAGE 1112 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO EMPOWER THE GOVERNING AUTHORITY OF BIBB COUNTY WITH THE AUTHORITY TO PROVIDE FOR THE CONSTRUCTION AND MAINTENANCE OF STREETS, ROADS, BRIDGES, SIDEWALKS, CURBINGS, GUTTERS, AND RELATED INSTALLATIONS, BOTH WITHIN AND WITHOUT THE CORPORATE LIMITS OF ANY MUNICIPALITY IN SAID COUNTY; TO PROVIDE FOR THE SUBMISSION OF THIS AMENDMENT FOR RATIFICATION OR REJECTION; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-120 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1962, Page 1112 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and maintenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia.

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Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY.

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This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1962, Page 1112 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and maintenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution

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of the State of Georgia that constitutional amendment appearing in Georgia Laws 1962, Page 1112 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and maintenance of streets, roads, bridges, sidewalks, curbing, gutters, and related installations, both within and without the corporate limits of any municipality in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14, 21, 28, 1986-621055 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger

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SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987. BIBB COUNTYEMPLOYEES; LIFE AND HEALTH INSURANCE; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1966, PAGE 835 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING TO THE QUALIFIED VOTERS OF BIBB COUNTY AN AMENDMENT TO ARTICLE VII, SECTION IV, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1945, AND AS THE SAME HAS BEEN HERETOFORE OR CONTEMPORANEOUSLY WITH THE RATIFICATION HEREOF AMENDED, SO AS TO EMPOWER THE GOVERNING AUTHORITY OF BIBB COUNTY TO PAY, IN WHOLE OR IN PART, AND AS FROM TIME TO TIME DETERMINED, AND TO LEVY AN AD VALOREM TAX THEREFOR, INSURANCE PREMIUMS FOR GROUP LIFE INSURANCE, AS WELL AS FOR GROUP HOSPITAL, SURGICAL AND MEDICAL CARE (EITHER,

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ALL OR ANY COMBINATION OF THE SAME AS THE GOVERNING AUTHORITY MAY, FROM TIME TO TIME DECIDE) FOR EMPLOYEES; TO DEFINE THE MEANING OF `EMPLOYEES'; TO PROVIDE FOR SUBMISSION OF THIS AMENDMENT FOR RATIFICATION OR REJECTION BY THE PEOPLE AFFECTED; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-121 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1966, Page 835 et seq. and entitled A Resolution Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, and as the same has been heretofore or contemporaneously with the ratification hereof amended, so as to empower the governing authority of Bibb county to pay, in whole or in part, and as from time to time determined, and to levy an ad valorem tax therefore, insurance premiums for group life insurance, as well as for group hospital, surgical and medical care (either, all or any combination of the same as the governing authority may, from time to time decide) for employees; to define the meaning of employees; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.

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Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution

Page 5142

of the State of Georgia that constitutional amendment appearing in Georgia Laws 1966, Page 835 et seq. and entitled A Resolution Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, and as the same has been heretofore or contemporaneously with the ratification hereof amended, so as to empower the governing authority of Bibb County to pay, in whole or in part, and as from time to time determined, and to levy an ad valorem tax therefor, insurance premiums for group life insurance, as well as for group hospital, surgical and medical care (either, all or any combination of the same as the governing authority may, from time to time decide) for employees; to define the meaning of employees; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1966, Page 835 et. seq. and entitled A Resolution Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, and as the same has been heretofore or contemporaneously with

Page 5143

the ratification hereof amended, so as to empower the governing authority of Bibb County to pay, in whole or in part, and as from time to time determined, and to levy an ad valorem taxe therefor, insurance premiums for group life insurance, as well as for group hospital, surgical and medical care (either, all or any combination of the same as the governing authority may, from time to time decide) for employees; to define the meaning of employees; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14,21,28,1986-621098 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger

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SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987. BIBB COUNTYPENSION, DISABILITY, AND RETIREMENT PLANS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1966, PAGE 881 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING TO THE QUALIFIED VOTERS OF BIBB COUNTY AN AMENDMENT TO ARTICLE XI, SECTION I, PARAGRAPH VI OF THE CONSTITUTION OF GEORGIA, AND AS THE SAME HAS HERETOFORE BEEN OR CONTEMPORANEOUSLY WITH THE RATIFICATION HEREOF IS AMENDED, REVISED OR CHANGED SO AS TO EMPOWER THE GOVERNING AUTHORITY OF BIBB COUNTY, WITHOUT FURTHER AUTHORITY THAN THAT PROVIDED HEREBY, TO ADOPT, REVISE, AMEND AND MODIFY PENSION, DISABILITY AND RETIREMENT PLANS TO SPECIFY IN PART WHAT MAY BE INCLUDED IN SUCH PLANS; AND TO AUTHORIZE SAID GOVERNING AUTHORITY TO LEVY A TAX TO FINANCE

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THE SAME IN WHOLE OR IN PART; TO PROVIDE FOR SUBMISSION OF THIS AMENDMENT FOR RATIFICATION OR REJECTION BY THE PEOPLE AFFECTED; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-122 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1966, Page 881 et seq. and entitled A Resolution Proposing to the qualified voters of Bibb County an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed so as to empower the governing authority of Bibb County, without further authority than that provided hereby, to adopt, revise, amend and modify pension, disability and retirement plans to specify in part what may be included in such plans; and to authorize said governing authority to levy a tax to finance the same in whole or in part; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution.

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Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for Public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1966, Page 881, et seq. and entitled A Resolution Proposing to the qualified voters of Bibb County an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same has heretofore

Page 5147

been or contemporaneously with the ratification hereof is amended, revised or changed so as to empower the governing authority of Bibb County, without further authority than that provided hereby, to adopt, revise, amend and modify pension, disability and retirement plans to specify in part what may be included in such plans; and to authorize said governing authority to levy a tax to finance the same in whole or in part; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1966, Page 881, et seq. and entitled A Resolution Proposing to the qualified voters of Bibb County an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same here heretofore been or contemporaneously with the ratification hereof is amended, revised or changed so as to empower the governing authority of Bibb County, without further authority than that provided hereby, to adopt, revise, amend and modify pension, disability and retirement plans to specify in part what may be included in such plans; and to authorize said governing authority to levy a tax to finance the same in whole or in part; to provide for submission of this amendment for ratification or rejection by the people affected; and

Page 5148

for other purposes.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14, 21, 28, 1986-621075 STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987.

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BIBB COUNTYAD VALOREM TAX EXEMPTION FOR CERTAIN HARVESTED AGRICULTURAL PRODUCTS; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA, TO CONTINUE IN FORCE AND EFFECT AS A PART OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT CONSTITUTIONAL AMENDMENT APPEARING IN GEORGIA LAWS 1974, PAGE 1706 ET SEQ. AND ENTITLED A RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION SO AS TO ENCOURAGE AND ENHANCE OVERALL ECONOMIC DEVELOPMENT, INCREASE EMPLOYMENT, PROMOTE AGRIBUSINESS, AND TO PROVIDE INCENTIVES FOR THE LOCATION OF NEW AND EXPANDING MANUFACTURING AND PROCESSING FACILITIES, BY PROVIDING THAT HARVESTED AGRICULTURAL PRODUCTS WHICH HAVE A PLANTING-TO-HARVEST CYCLE OF 12 MONTHS OR LESS, WHICH ARE CUSTOMARILY CURED AND AGED FOR A PERIOD IN EXCESS OF ONE YEAR AFTER HARVESTING, AND BEFORE MANUFACTURING, AND WHICH ARE HELD IN BIBB COUNTY FOR MANUFACTURING OR PROCESSING PURPOSES, SHALL BE EXEMPT FROM ALL AD VALOREM TAXATION, EXCEPT STATE AD VALOREM TAXATION; TO PROVIDE FOR THE SUBMISSION OF THIS AMENDMENT FOR RATIFICATION OR REJECTION; AND FOR OTHER PURPOSES.; TO PROVIDE THE AUTHORITY FOR THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. AA-86-123 August 5, 1986 BE IT ORDAINED by the Board of Commissioners of Bibb County, Georgia, as follows: Section 1. That constitutional amendment appearing in Georgia Laws 1974, Page 1706 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, by providing that harvested agricultural products

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which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. shall not be repealed or deleted on July 1, 1987 as a part of the Constitution of the State of Georgia but is specifically continued in force on and after that date as a part of the Constitution of the State of Georgia. Section 2. This ordinance is adopted pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 3. Attached hereto is evidence of filing with the Clerk of the Superior Court of Bibb County, Georgia, in compliance with Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 4. Attached hereto is an affidavit of publication evidencing publication of the notice once a week for three weeks of a synopsis of the contents of this ordinance in the official county organ in compliance with the provisions of Article IX, Section II, Paragraph I of said Constitution. Section 5. This ordinance shall be effective immediately upon its passage so as to continue the above-described local constitutional amendment in effect on and after July 1, 1987. Section 6. The Clerk of this Board is hereby directed to forward a certified copy of this ordinance and its attachments to the Secretary of the State of Georgia as provided by Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. Section 7. All ordinances or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT

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THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 5 DAY OF August, 1986 /s/ Barbara Yocum MRS. BARBARA YOCUM Clerk of the Board GEORGIA, BIBB COUNTY. This will certify that in compliance with the provisions of Article XI, Section I, Paragraph IV and Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, there has been this day filed in the office of the Clerk of the Superior Court for public inspection and is now available for such inspection, a proposed ordinance of the Board of Commissioners of Bibb County, Georgia, of which the following is the title: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1974, Page 1706 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, by providing that harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purpose.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. This 30th day of May, 1986. /s/ Adam Greene CLERK, BIBB SUPERIOR COURT

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GEORGIA, BIBB COUNTY LEGAL NOTICE Pursuant to the provisions of Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia and pursuant to the provisions of Article IX, Section II, Paragraph I of said Constitution, notice is hereby given that the Board of Commissioners of Bibb County proposes to adopt an ordinance of which the following is a synopsis: An Ordinance of the Board of Commissioners of Bibb County, Georgia, to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment appearing in Georgia Laws 1974, Page 1706 et seq. and entitled A Resolution Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, by providing that harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purpose.; to provide the authority for this ordinance; to provide an effective date; to repeal conflicting ordinances and for other purposes. A copy of the proposed ordinance is on file in the office of the Clerk of the Superior Court for the purpose of examination and inspection by the public, and the Clerk of the Superior Court will furnish anyone, upon written request, a copy thereof. This 2nd day of June, 1986. BOARD OF COMMISSIONERS OF BIBB COUNTY, BY: F. Emory Greene, Chairman 6/14,21,28,1986-621114

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STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 06/14, 06/21, 06/28 SIGNED Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 28 DAY OF JUNE, 1986 /s/ Dawn H. Waites NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES AUGUST 1, 1987. BIBB CO. BOARD OF COMMISSIONER ROOM 307 COURTHOUSE MACON, GA 31201 Filed in the Office of the Secretary of State June 29, 1987.

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FULTON COUNTYGENERAL EMPLOYEES PENSION FUND; AGE; RETIREMENT. REGULAR MEETING, MAY 6, 1987 A RESOLUTION To amend an act entitled an act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to County employees.....and for other purposes, approved March 3, 1939, (Ga. L. 1939, p. 571), so as to provide that no person shall be required to retire under said act solely by reason of age; to provide that any person who shall have ceased to accrue pension benefits prior to the effective date of this amendment but who shall still be upon the payroll of the County shall be permitted to participate in pension funds established for the benefit of County employees; to provide an effective date; to provide that this amendment is enacted because of the 1986 amendment to the Federal Age Discrimination and Employment Act; to preserve the rights of any person participating in the General Employees Pension Fund prior to the effective date of this act; to repeal conflicting laws and for other purposes. (24) AMENDMENT TO 1939 PENSION LAW BE IT RESOLVED BY THE COMMISSIONERS OF FULTON COUNTY pursuant to the authority contained in Article IX, Section II, Paragraph I, of the Constitution of Georgia as follows: SECTION 1 . An Act entitled an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to County employees.....and for other purposes, approved March 3, 1939, (Ga. L. 1939, p. 571), is further amended by inserting following Section 37 thereof, a new section which shall be known as Section 37 A, which shall read as follows: SECTION 37 A . No retirement solely by reason of age

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(a) Notwithstanding and other provisions of this Act, no individual shall be required to retire from the employment of Fulton County solely by reason of age. Any person who shall be employed by Fulton County as of the effective date of this amendment who shall have ceased participation in the pension fund established by this Act may participate in this pension fund or such other pension fund as may be established for the benefit of Fulton County employees by making payment of the same contribution that he or she would have made if he or she had been participating in said pension fund. (b) This amendment is adopted for the purpose of having the provisions of the Fulton County General Employees Pension Plan in compliance with the 1986 amendment to the Federal Age Discrimination in Employment Act (ADEA) and nothing herein shall lower any benefits of any person who participated in the Fulton County Employees Pension Fund prior to the effective date of this amendment. (c) Any employee affected by this Act shall be required to make only such pension contributions as were made by other employees during any period of time that he or she did not participate but any and all other sums necessary to actuarially fund the benefits provided hereby shall be paid by the Board of Commissioners of Fulton County from general County funds. SECTION 2 . This Act shall become effective the first day of the calendar month following the month in which it is finally approved by the Board of Commissioners of Fulton County. SECTION 3 . All laws or parts of laws in conflict with this Resolution are hereby appealed. Commissioner Williams stated this matter was brought up by the Pension Board for discussion which will allow several individuals who are part-time employees in the Department of Public Defenders to be covered under the pension plan.

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Commissioner Williams made a motion for approval. Motion seconded by Commissioner Hightower and carried unanimously. Hearing no objections, it was so ordered. REGULAR MEETING, APRIL 1, 1987, A.M. (11) AMENDMENT TO 1939 PENSION LAWFIRST READING Mrs. Alice H. Smith, Clerk, presented the following memorandum from John Tye Ferguson dated 3/23/87: TO: Ms. Alice Smith, Clerk of the Commission FROM: John Tye Ferguson, Assoc. County Attorney SUBJECT: Amendment to 1939 Pension Law At its meeting on March 18, 1987, the Fulton County General Employees Pension Board voted to request the County Commission to adopt an amendment to the Act creating this Fund so as to eliminate any mandatory retirement by reasons of age. The purpose of this is to comply with the Federal Age Discrimination in Employment Act of 1986, immediately rather than waiting till the effective date of January 1, 1986. Commissioner Williams requested that I draw the necessary home rule amendment and furnish it to you for presentation to the Commission. A home rule amendment must be adopted at two (2) regular consecutive meetings of the County governing authority not less than seven (7) nor more than sixty (60) days apart. It is also necessary that a notice containing a synopsis of the proposed amendment be published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the final adoption. I have prepared the requisite notice, and if you are able to get this matter on the agenda for the regular meeting of April 1, 1987, the notice should be run three (3) times in the Daily Report and final adoption will take place at the regular meeting on May 6, 1987. Please let me know if you will furnish this ad to the Daily Report or if you would like me to do it. A home rule law also requires that a certified copy of the amendment and an affidavit of publication be filed with the

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Secretary of State. We can handle this following the May meeting. A RESOLUTION TO AMEND AN ACT ENTITLED AN ACT AUTHORIZING THE BOARD OF COMMISSIONERS OF ROADS AND REVENUES OF FULTON COUNTY TO ESTABLISH RULES AND REGULATIONS GOVERNING THE PAYMENT OF PENSIONS TO COUNTY EMPLOYEES.....AND FOR OTHER PURPOSES, APPROVED MARCH 3, 1939, (Ga. L. 1939, p. 571), SO AS TO PROVIDE THAT NO PERSON SHALL BE REQUIRED TO RETIRE UNDER SAID ACT SOLELY BY REASON OF AGE; TO PROVIDE THAT ANY PERSON WHO SHALL HAVE CEASED TO ACCRUE PENSION BENEFITS PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT BUT WHO SHALL STILL BE UPON THE PAYROLL OF THE COUNTY SHALL BE PERMITTED TO PARTICIPATE IN PENSION FUNDS ESTABLISHED FOR THE BENEFIT OF COUNTY EMPLOYEES; TO PROVIDE AN EFFECTIVE DATE; TO PROVIDE THAT THIS AMENDMENT IS ENACTED BECAUSE OF THE 1986 AMENDMENT TO THE FEDERAL AGE DISCRIMINATION AND EMPLOYMENT ACT; TO PRESERVE THE RIGHTS OF ANY PERSON PARTICIPATING IN THE GENERAL EMPLOYEES PENSION FUND PRIOR TO THE EFFECTIVE DATE OF THIS ACT; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE COMMISSIONERS OF FULTON COUNTY pursuant to the authority contained in Article IX, Section II, Paragraph I, of the Constitution of Georgia as follows: SECTION 1 An Act entitled an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to County employees.....and for other purposes, approved March 3, 1939, (Ga. L. 1939, p. 571), is further amended by inserting following Section 37 thereof, a new section which shall be known as Section 37 A, which shall read as follows:

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Section 37 A No retirement solely by reason of age. (a) Notwithstanding and other provisions of this Act, no individual shall be required to retire from the employment of Fulton County solely by reason of age. Any person who shall be employed by Fulton County as of the effective date of this amendment who shall have ceased participation in the pension fund established by this Act may participate in this pension fund or such other pension fund as may be established for the benefit of Fulton County employees by making payment of the same contribution that he or she would have made if he or she had been participating in said pension fund. (b) This amendment is adopted for the purpose of having the provisions of the Fulton County General Employees Pension Plan in compliance with the 1986 amendment to the Federal Age Discrimination in Employment Act (ADEA) and nothing herein shall lower any benefits of any person who participated in the Fulton County employees Pension Fund prior to the effective date of this amendment. (c) Any employee affected by this Act shall be required to make only such pension contributions as were made by other employees during any period of time that he or she did not participate but any and all other sums necessary to actuarially fund the benefits provided hereby shall be paid by the Board of Commissioners of Fulton County from general County funds. SECTION 2 This Act shall become effective the first day of the calendar month following the month in which it is finally approved by the Board of Commissioners of Fulton County. SECTION 3 All laws or parts of laws in conflict with this Resolution are hereby appealed.

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NOTICE OF AMENDMENT TO AN ACT ENTITLED AN ACT AUTHORIZING THE BOARD OF COMMISSIONERS OF ROADS AND REVENUES OF FULTON COUNTY TO ESTABLISH RULES AND REGULATIONS IN GOVERNING THE PAYMENT OF PENSIONS TO COUNTY EMPLOYEES .....AND FOR OTHER PURPOSES; APPROVED MARCH 3, 1939 (Ga. L. 1939, p. 571) NOTICE IS HEREBY GIVEN that the Board of Commissioners of Fulton County, at its regular meeting on April 1, 1987, approved an amendment to Ga. L. 1939, p. 571, being an Act providing for pensions to Fulton County employees. A synopsis of the Act is as follows: to provide that no person shall be required to retire under said Act solely by reason of age; to provide that any person who shall have ceased to accrue pension benefits prior to the effective date of this amendment but who shall still be upon the payroll of the County shall be permitted to participate in pension funds established for the benefit of County employees; to provide an effective date; to provide that this amendment is enacted because of the 1986 amendment to the Federal Age Discrimination and Employment Act; to preserve the rights of any person participating in the General Employees Pension Fund prior to the effective date of this Act; to repeal conflicting laws and for other purposes. The Board of Commissioners intends to finally adopt such amendment at its regular meeting on May 6, 1987. A copy of such amendment is on file in the office of the Clerk of the Superior Court of Fulton County and also of the office of the Clerk of the Board of Commissioners of Fulton and is available for the purpose of examination and inspection by the public. ALICE H. SMITH, Clerk, Board of Commissioners Fulton County Hearing no objections the home rule amendment to the 1929 Pension Law was approved with final adoption scheduled for RM, 5/6/87.

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CLERK'S NOTE: SEE ITEM #24, RM 5/6/87. State of Georgia Fulton County I, Alice H. Smith, Clerk, do hereby certify that the attached is a true and correct excerpt from the Minutes of the Regular Meetings of the Fulton County Board of Commissioners held April 1, 1987 and May 6, 1987, as same appears on record. This the 6th day of July, 1987. /s/ Alice H. Smith Alice H. Smith Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON I, WALTER NALE, DO HEREBY CERTIFY that I am VICE PRESIDENT, of Daily Report Company, the publisher of The Fulton County Daily Report, the newspaper in which sheriff's advertisements appear for Fulton County and the attached notice of a public hearing was published in said newspaper on the following dates, to wit: April 10, April 17, April 24, and May 1, 1987 /s/ Walter Nale Publisher V.P. Sworn to and subscribed before me this 11TH day of MAY, 1987 /s/ Angela Malone Miller Notary Public Notary Public, Fulton County, Georgia My Commission Expires Jan. 14, 1991. (Seal) NOTICE Of Amendment to an act entitled An Act Authorizing The Board Of Commissioners Of Roads And Revenues Of Fulton

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County To Establish Rules And Regulations In Governing The Payment Of Pensions To County Employees.....And For Other Purposes; Approved March 3, 1939 (Ga. L. 1939, p. 571) NOTICE IS HEREBY GIVEN that the Board of Commissioners of Fulton County, at its regular meeting on April 1, 1987, approved an amendment to Ga. L. 1939, p. 571, being an Act providing for pensions to Fulton County employees. A synopsis of the Act is as follows: to provide that no person shall be required to retire under said Act solely by reason of age; to provide that any person who shall have ceased to accrue pension benefits prior to the effective date of this amendment but who shall still be upon the payroll of the County shall be premitted to participate in pension funds established for the benefit of County employees; to provide an effective date; to provide that this amendment is enacted because of the 1986 amendment to the Federal Age Discrimination and Employment Act; to preserve the rights of any person participating in the General Employees Pension Fund prior to the effective date of this Act; to repeal conflicting laws and for other purposes. The Board of Commissioners intends to finally adopt such amendment at its regular meeting on May 6, 1987. A copy of such amendment is on file in the office of the Clerk of the Superior Court of Fulton County and also of the office of the Clerk of the Board of Commissioners of Fulton and is available for the purpose of examination and inspection by the public. ALICE H. SMITH Clerk Board of Commissioners Fulton County Apr 10 17 24 May 1 1987Req8 Filed in the Office of the Secretary of State July 22, 1987.

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FORSYTH COUNTYCIVIL SERVICE SYSTEM. A RESOLUTION AND ORDINANCE BY THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY FORSYTH COUNTY, GEORGIA ORDINANCE NUMBER 41 A Resolution and Ordinance to amend the local act creating and establishing a civil service system in Forsyth County for employees of Forsyth County; to provide for the further exemption of persons from membership in the Forsyth County Civil Service System; to define those exempted; to provide for future exemptions; to amend the manner of selection and appointment of members of the Civil Service Board; to provide for a per diem; to clarify who has rights under the Act; to amend the procedure for approval of rules and regulations governing the Forsyth County Civil Service System; to provide an effective date; and, for other purposes. WHEREAS the citizens of Forsyth County adopted on November 2, 1976, an amendment to the Constitution of 1945, Article VII, Section IV, Ga. Laws 1976, page 1796, providing for a Civil Service System for Forsyth County; and, WHEREAS the General Assembly of Georgia enacted local legislation providing for a Civil Service System by Ga. Laws 1978, page 3572, which Act was approved on March 13, 1978, by the Governor; and, WHEREAS the Constitution of 1983, in Article IX, Section II, paragraph I(a), provides that the governing authority of the County shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government; and, WHEREAS the Constitution of 1983 provides further that the governing authority of a county may, as an incident of its home rule power, amend or repeal local acts applicable to matters

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within its governing authority [Article IX, Section II, Paragraph I(b)(1)]; and, WHEREAS the Board of Commissioners of Forsyth County approved rules and regulations pertaining to the Forsyth County Civil Service Board and is desirous of amending the same and the local act upon which they were based; NOW THEREFORE BE IT RESOLVED AND ORDAINED by the Board of Commissioners of Forsyth County, Georgia, and it is hereby resolved and ordained by the authority of the same, as follows: Section 1. Amendment of Section 2 . A. Section 2 of Ga. Laws 1978, page 3572, is amended by renumbering it as Section 2(a) and by adding the following words after the word earners: seasonal employees, members of the management team, and consultants, so that the said paragraph when so amended shall read as follows: Section 2(a). There is hereby created and established a civil service system of personnel administration, to be known as the Forsyth County Civil Service System. All employees of Forsyth County shall be members of the Forsyth County Civil Service System except: Elected officers of the county, members of appointed boards, members of commissions and authorities, the county attorney, the county physician, part-time employees, seasonal employees, members of the management team, and consultants, and other employees expressly exempt by law. B. Section 2 of Ga. Laws 1978, page 3572, is further amended by adding a new Subsection (b), to read as follows: Section 2(b). The `management team' of Forsyth County is defined to consist of the following: `All non-elected department heads and their immediate assistant who answer directly to the county administrator, and the county administrator, who in turn is answerable to the governing authority of Forsyth County,' specifically, the positions of county administrator; administrative assistant to county administrator; director of public works; road superintendent and the north and south division directors; planning director; county engineer; assistant county

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engineer; superintendent of the water department; director of parks and recreation and park managers of midway park and bennett park; county marshal; and any future positions which may be added from time to time as provided in this Act. Elected officials other than the governing authority of Forsyth County may designate non-elected department heads and their immediate assistant as members of the management team, based on this Act. A person so designated shall continue to answer to his or her respective department head. Whenever any existing position covered by civil service is to be reclassified to an exempt position, or an additional position is requested for the management team, the same shall be requested of the governing authority, which will notify the civil service board of its intent. The civil service board shall review the request and may make a response thereto within ten days after its next regularly scheduled meeting. The governing authority may then undertake to reclassify the position by vote taken at two consecutive regular meetings which shall be not less than seven days nor more that 60 days apart. The governing authority shall forward notice of the final action taken to the civil service board for its edification and files. A `seasonal employee' is defined as an employee who is hired on a `seasonal' basis who will be employed for forty (40) hours per week for a period not to exceed six (6) months; however, should an emergency arise and this employee be needed for a period beyond six months, then a request must be made to the governing authority of Forsyth County for special dispensation to allow this employee to remain on for a period not to exceed sixty (60) days. A `part-time employee' is defined as an employee who is in the employ of Forsyth County and will work for a period not to exceed thirty (30) hours per week. A `consultant' is defined as a person who for reasons of professional knowledge or other expertise is retained for a limited project or service in a position which is not regularly described in the civil service rules and regulations and which is intended to terminate when the particular need is satisfied. Those employees expressly exempt from the Civil Service Act shall not have any rights, protections, privileges, or right of appeal under this Civil Service Act.

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Section 2. Amendment of Section 3 . A. Section 3(a) of Ga. Laws 1978, page 3572, is amended by adding a second paragraph to said subsection to read as follows: No member of the civil service board shall have held political office or have been a salaried employee of Forsyth County during the three (3) months immediately proceeding his or her appointment or be the spouse, parent, child, or sibling of a member of the Forsyth County Civil Service System. B. Section 3(b) of Ga. Laws 1978, page 3572, is amended by deleting the first paragraph in its entirety and substituting therefor a new first paragraph which shall read as follows: (b) Members of the civil service board shall be selected and appointed for a term of four (4) years each, and shall serve until their successors are appointed and qualified. The members of the civil service board shall be selected and appointed in the following manner: One member shall be selected by majority selection by all elected county officials, who shall each have one vote, namely, clerk of superior court, tax commissioner, sheriff, judge of the probate court, and each member of the governing authority of Forsyth County, for a total of nine votes cast, and the person so selected by said county officials shall be appointed to the civil service board by the governing authority of Forsyth County. The second member shall be selected by a majority of the employees of Forsyth County (other than the aforesaid elected officials or any person in the employ of Forsyth County), who shall be eligible to come under the provisions of this Act and who are in the employ of Forsyth County on a full-time basis on the effective date of this Act or so employed thereafter, and the person so selected by said employees shall be appointed to the civil service board by the governing authority of Forsyth County. The third member of the civil service board shall be selected by the (2) members selected by the elected officials and full-time county employees and the person so selected shall be appointed to the civil service board by the governing authority of Forsyth County. C. Section 3(c) of Ga. Laws 1978, p. 3572, is amended by deleting that paragraph in its entirety and substituting therefor a new subsection 3(c) which shall read as follows:

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Each member of the civil service board shall be paid a per diem fee of twenty five dollars ($25.00) per meeting attended, not to exceed two meetings per calendar month. Section 3. Amendment of Section 5 . A. Section 5 of Ga. Laws 1978, p. 3572, is amended by deleting the second sentence of subparagraph (a) which provides that: If the governing authority shall fail to adopt such rules, regulations and standards within 45 days, they shall become of full force and effect unless the governing authority shall conduct public hearings thereon in which event the governing authority may change, modify or disapprove such rules, regulations, or standards. The following shall be substituted for such second sentence to read as follows: The governing authority must act to adopt such rules, regulations, and standards in order for them to become of full force and effect. B. Section 5(b) is amended by deleting said paragraph in its entirety and substituting therefor the following: Section 5(b). To conduct hearings, and appeals and render decisions after hearings as to a member of the Civil Service System who claims to have been improperly demoted, suspended, or dismissed, except that the said board may appoint an attorney as a hearing officer for the taking of evidence, findings of fact, conclusions of law, and recommendation for disposition, said appointment and action to be based on rules, regulations, and standards effectuating the same. Section 4. Amendment of Section 6 . Section 6 of Ga. Laws, 1978, p. 3572 is amended by deleting that paragraph in its entirety and substituting therefor a new Section 6 which shall read as follows: An employee of a covered department or office of the county may be dismissed from employment in said department or office for good cause and in accordance with the rules and regulations of the civil service board, as approved by the governing authority as aforesaid. Any such employee who is dismissed shall have

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the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the civil service board; provided, however, that such dismissed employee must file his appeal with the board in writing within ten days from the date of his dismissal and serve a copy of the appeal on the county administrator on the same date it is filed with the board. The appeal shall be heard at the next regular or special meeting of the civil service board after the appeal is filed. The appeal must be heard and determined by the board within forty-five (45) days of the date the appeal is filed with the board. The decision of the board shall be binding upon the governing authority of said county as to whether such dismissal was for proper cause. Section 5. Repealer Provision . Any resolution, ordinance, rule, regulation or other instruction previously approved by the Board of Commissioners or any other agency of Forsyth County which is inconsistent with the provisions of this Ordinance is repealed, revoked and shall be of no further force or effect upon the effective date of this Ordinance; but it is hereby provided that any resolution or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally construed to be in favor of Forsyth County, is hereby adopted as a part hereof. Section 6. Effective Date . This Ordinance shall become effective immediately upon its having been approved by the Board of Commissioners of Forsyth County at two regular consecutive meetings, which meetings shall be not less than seven (7) nor more than sixty (60) days apart. This Resolution and Ordinance, having been considered and adopted by the Board of Commissioners on the 27th day of July, 1987, and at the next regular consecutive meeting of the Board of Commissioners held this date, this Resolution and Ordinance is hereby adopted and is effective, this 10th day of August, 1987, the public health, safety and general welfare demanding it. FORSYTH COUNTY BOARD OF COMMISSIONERS

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By: /s/ Leroy Hubbard Chairman /s/ David Gilbert Commissioner /s/ James Harrington Commissioner /s/ M. P. Bennett Commissioner /s/ Charles F. Welch Commissioner Attest: /s/ Betty Shadburn Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIACOUNTY OF FORSYTH Before me, the undersigned, a Notary Public, this day personally came Norman Baggs, who, being first duly sworn, according to law, says that he is the Publisher of the Forsyth County News, the official newspaper in which the Sheriff's advertisments in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that: news articles concerning Ordinance Number 41 and hearings was published on 7/20, 8/5, 8/12 hearings /s/ Norman Baggs Norman Baggs, Publisher, Forsyth County News Subscribed and sworn to me this 24th day of August 1987 /s/ Judith C. Buice Notary Public expires 2/25/90 The Forsyth County Board of Commissioners will have the first reading and consideration of the new Forsyth County Civil Service

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Ordinance and Resolution on July 27, 1987. If adopted, the second reading and consideration will be held on August 10, 1987. L-8983 7/22 7/29 8/5 8/12 Filed in the Office of the Secretary of State September 2, 1987. CLAYTON COUNTYPENSION PLAN; RETIREMENT DATES; BENEFITS. ORDINANCE NO. 87-44 AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED TO CLAYTON COUNTY PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I, OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO AMEND GEORGIA LAWS 1971, PAGES 2197 ET. SEQ., SO AS TO MODIFY NORMAL RETIREMENT BENEFITS; TO REPEAL CONFLICTING LAWS AND ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. STATE OF GEORGIA COUNTY OF CLAYTON BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY, and by the authority of same as granted to them by the Constitution of the State of Georgia of 1983, Article IX, Section II, paragraph I, it is hereby Ordained: Section 1 . Georgia Laws 1971, pages 2917 et. seq., as amended, is hereby further amended by striking Section 6. (a-1) Normal Retirement Date, in its entirety, and inserting in lieu thereof to be codified as Sub-section (a-1) of Section 1-5-40 of the Code of Clayton County, as amended, the following:

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Section 6 (a-1) Normal Retirement Date The normal retirement date for any participant of the plan shall be the first day of the month following his attainment of age 65, or alternatively, the first day of the month following his completion of 30 [35] years of credited service, but in no event prior to age 60 [62]. 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 . Georgia Laws 1971, pages 2917 et. seq., as amended, is hereby further amended by striking paragraph 4 of Section 6.(a-2) Normal Retirement Benefits , (providing for the average salary to be used for the calculation of benefits), in its entirety, and inserting in lieu thereof, to be codified as Sub-section (a-2) of Section 1-5-40 of the Code of Clayton County, as amended, the following: Section 6(a-2) Normal Retirement Benefits Average salary to be used for the calculation of benefits will be determined as 1/12 of the arithmetic average of the employee's thirty-six(36) [60] consecutive months of compensation received during the last five(5) [10] years of his employment, provided, however, that if retirement occurs prior to the completion of thirty-six(36) [60] months of service, such average shall be computed with respect to monthly compensation during the total years prior to retirement. Section 3 . Georgia Laws 1971, pages 2917 et. seq., as amended, is hereby further amended by striking Section 6. (e-1) Disability Retirement Date , in its entirety, and inserting in lieu thereof, to be codified as Sub-section (e-1) of Section 1-5-40 of the Code of Clayton County, as amended, the following: Section 6. (e-1) Disability Retirement Date The disability retirement date of a participant becoming totally and permanently disabled in the performance of his duty after completion of three (3) years of service, shall be

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the first day of the month after the Pension Board has determined to its satisfaction that the participant is so disable. The disability retirement date of a participant otherwise becoming totally and permanently disabled after completion of ten (10) years of service, shall be the first day of the month after the Pension Board has determined to its satisfaction that the participant is so disabled. Section 4 . Georgia Laws 1971, pages 2917 et. seq., as amended, is hereby further amended by striking Section 6.(f-1) Death Benefits Prior to Retirement, in its entirety, and inserting in lieu thereof, to be codified as Sub-section (f-1) of Section 1-5-40 of the Code of Clayton County, as amended, the following: Section 6. (f-1) Death Benefits Prior to Retirement In the event a participant is killed in the performance of his duty, or in the event a participant dies after attaining age 50 and completing ten (10) years of credited service, whether or not he is killed in the performance of his duty, his spouse [or until remarriage] shall be entitled to a monthly income for life equal to 50 percent of the benefit which the participant would have received at his otherwise normal retirement age based upon his annual compensation in the calendar year preceding his death. 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. Upon the death of a participant due to causes other than the performance of his duty, before other termination of employment and prior to attaining age 50, but after he has completed at least 10 years of credited service a monthly benefit shall be payable to his eligible spouse, if any. For the purposes of this Section 6.(f-1), eligible spouse shall be the husband or wife to whom the participant has been married for at least one year on the date of his death. The amount of such monthly payments shall be equal to the amount the

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eligible spouse would have been entitled to receive had the participant (a) terminated employment immediately prior to death, (b) commenced to receive a vested pension under the provisions of Section 6.(g-1) and under the 50% Joint and Survivor provisions of Section 6.(d-2) subparagraph (2) as of his normal retirement date or early retirement date, if applicable and (c) then died immediately thereafter. The monthly benefit payable to such eligible spouse shall commence as of the participant's normal retirement date or early retirement date, if applicable and based on his credited service at date of death and shall continue until the beginning of the month in which the death of the eligible spouse occurs. A participant who has terminated employment with entitlement to a vested pension under Section 6.(g-1), but whose pension has not commenced, shall be covered by the 50% Joint and Survivor Pension provisions of Section 6.(d-2) subparagraph (2) until the date his pension payments commence. In the event of his death prior thereto, his surviving eligible spouse shall receive a monthly benefit computed in accordance with such section as if the participant's pension payments had commenced on the first day of the month coincident with or next following the later of his date of death, or his 55th birthday if the participant had at least 15 years of credited service or his 65th birthday if the participant had less than 15 years of credited service. Provided, however, that age 60 shall be substituted for age 65 in the preceding sentence for all safety personnel. Upon the death of a participant who has retired under the disability retirement provision of this Act, his eligible spouse (as previously defined in this section), if any, shall receive a monthly benefit under the 50% Joint and Survivor Pension provisions of Section 6.(d-2) subparagraph (2). Such monthly benefit shall commence on the first day of the month coincident with or next following the later of the participant's date of death, or what would have been his 55th birthday if the participant had at least 15 years of credited service or his 65th birthday if the participant had less than 15 years of credited service, based upon his credited service at date of disability. Provided, however, that age 60 shall be substituted for age 65 in the preceding sentence for all safety personnel.

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Section 5 . All laws in conflict with this Ordinance are hereby expressly repealed. Section 6 . The effective date of this Ordinance shall be July 1, 1987. A copy of said Ordinance has been filed with the Secretary of State of the State of Georgia, as provided by law. SO ORDAINED, this 20th day of October, 1987. CLAYTON COUNTY BOARD OF COMMISSIONERS /s/ Absent J. CHARLEY GRISWELL, CHAIRMAN /s/ Absent JIM STEWART, VICE- CHAIRMAN /s/ Loren B. Cheaves LOREN B. CHEAVES, COMMISSIONER /s/ Gerald A. Matthews GERALD A. MATTHEWS, COMMISSIONER /s/ Virgil L. Kilby VIRGIL L. KILBY, COMMISSIONER ATTEST: /s/ Margarette A. Swaim COUNTY CLERK CERTIFICATION I, MARGARETTE A. SWAIM, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY

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THAT ORDINANCE 87-44, A HOME RULE AMENDMENT TO THE COUNTY'S EXISTING PENSION PLAN, WAS READ IN ITS ENTIRETY IN THE REGULAR BUSINESS MEETINGS OF SEPTEMBER 15, 1987, AND OCTOBER 6, 1987. THE ORIGINAL MINUTES OF THESE MEETINGS MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. /s/ Margarette A. Swaim MARGARETTE A. SWAIM, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS NOVEMBER 5, 1987 (Seal) CERTIFICATION I, MARGARETTE A. SWAIM, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF RESOLUTION 87-44 AS ADOPTED BY THE CLAYTON COUNTY BOARD OF COMMISSIONERS ON OCTOBER 20, 1987. THE ORIGINAL OF RESOLUTION 87-44 MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. /s/ Margarette A. Swaim MARGARETTE A. SWAIM, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS NOVEMBER 4, 1987 (Seal) State of Georgia County Of Clayton Personally appeared before the undersigned, a notary public within and for said county and state, Clayton County, State of Georgia , publisher of Clayton News/Daily the official organ for the County of Clayton for the publication of official or legal advertisements for said county. Said newspaper published at Jonesboro, Georgia, County of Clayton , State of Georgia, who, being duly sworn, states on oath that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper in its issues of the September 23, 30, 1987 October 7, 1987 Signed, James S. Grimes, Editor Signed, Brenda P. Casey, Agent

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Sworn to and subscribed before me this 4th day of November 1987 Signed Kathy J. Selman, Notary Public Notary Public, Georgia, State at Large My Commission Expires February 14, 1989 (Seal) PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of Clayton County, Georgia, at its regular meetings on September 15, 1987 and October 6, 1987 will consider an ordinance to amend the act creating the Clayton County Pension and Retirement Plan, known as Ga. Laws 1971, p. 2917, as amended so as to provide for changing the normal retirement date; to provide for changing the definition of average compensation, to provide for changing the definition of disability retirement date, to provide for spouse benefits prior to retirement; to provide for spouse benefits under certain circumstances after retirement, and for other purposes. The public is hereby further notified that an 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 Clayton Superior Court, Clayton County Courthouse, Jonesboro, Georgia for public examination and inspection and that copies of said ordinance are available from him for interested members of the public. The 15th day of September, 1987. /s/ George E. Glaze County Attorney Clayton County, Georgia

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Filed in the Office of the Secretary of State November 10, 1987. DEKALB COUNTYDEKALB COUNTY PENSION BOARD; REGIONAL ANNUAL ACTUARIAL REPORT. 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 CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAWS 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR REGIONAL ANNUAL ACTUARIAL REPORT TO ENABLE THE PENSION BOARD TO CONSIDER WHETHER OR NOT AN ADJUSTMENT TO RETIREMENT BENEFITS SHOULD BE GRANTED 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, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows: I . By amending Section 2.311 by deleting said section. By amending Section 2.311 by adding the following language to said section: Commencing January 1, 1988, the governing authority in charge of county affairs for DeKalb County shall appropriate to the pension fund annually, to be paid in monthly installments,

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an amount equal to ten and seven-tenths (10.7) percentum of the amount of monthly compensation of each participant in this pension system. After forty (40) years of accreditable service under pension service no further contributions to the pension plan shall be made by DeKalb County on behalf of the employee. Within 60 days prior to the end of the first one year period next following the effective date of this act, it shall be the duty of the governing authority of DeKalb County to employ some qualified actuary or firm of actuaries to analyze the DeKalb County Pension Plan and report thereon to the pension board. Should such report reveal that the contribution plan herein provided to be made by DeKalb County be insufficient to maintain the plan on a sound basis, it shall be the duty of such governing authority of DeKalb County to appropriate such further sums for the next one (1) year as would be necessary to maintain the fund and the plan on a sound financial basis. Should the actuary or firm of actuaries find that a lesser contribution to DeKalb County would maintain the fund and plan on a sound financial basis, DeKalb County is authorized to decrease its contribution to the percentage of the total payroll of the participants found by the actuary or firm of actuaries to be sufficient to maintain the plan and the fund on such sound financial basis. The pension plan shall be actuarily reviewed each one (1) year thereafter and adjustments made as set out herein if such adjustments are found to be necessary, and the actuary or firm of actuaries employed to make such analyses shall be selected by the pension board. (Ga. L. 1962, p. 3088, Sec. 11; as amended by Ga. L. 1971, p. 4136, Sec. 4; Ord. No. 80-26, 11/25/80, Sec. 4: Ord. No. 85-33, 11/12/85, Sec. 6; Ord. No. 86-26, 3/11/86, Sec. 2) II . By amending Section 2.308 by adding the following language to said section: Effective January 1, 1988, the Pension Board will consider an adjustment to retirement benefits not less than on an annual basis, and will make a formal determination as to whether such adjustment should be granted. Consideration of any such adjustment will be made only in conjunction with information furnished in an annual actuarial report as provided in Section 2.311 of

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this Act. Nothing contained herein is to be construed as making any benefit adjustment automatic or mandatory in nature. In making such determination, the Pension Board will take into account the information contained in the annual actuarial report and any other policy issues regarding total retirement benefits or the Pension Plan in general. No adjustment will be made which would adversely affect the financial soundness of the Plan without first making provision for any additional contributions necessary to retain financial soundness. III. All laws or parts of laws in conflict with this ordinance are hereby repealed. IV. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. V. 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 purposes of examination and inspection by the public, along with sufficient copies of same for distribution to those members of the public who desire same. VI. This ordinance shall first be presented to the Board of Commissioners of DeKalb County, Georgia on the 13th day of October

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1987 and again on the 27th day of October 1987 at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VII. A copy of the 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. VIII. The provisions of this Ordinance shall become effective January 1, 1988. ADOPTED this 27th day of October, 1987 by the DeKalb County Board of Commissioners. /s/ Brince H. Manning, III Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Office of DeKalb County, this 27th day of October, 1987. /s/ Manuel J. Maloof Manuel J. Maloof Chief Executive Officer DeKalb County, Georgia ATTEST: /s/ David W. Joyner David W. Joyner, Ex-Officio Clerk, Board of Commissioners and Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: /s/ Albert Sidney Johnson Albert Sidney Johnson County Attorney

Page 5180

STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer 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 meetings held on October 13, 1987, and on October 27, 1987. This 10th day of November 1987. /s/ David W. Joyner DAVID W. JOYNER, Ex- Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Sworn to and subscribed before me this 10th day of November, 1987. /s/ Lucy Tallon Notary Public Notary Public, Georgia, State at Large My Commission Expires June 18, 1988 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 8, October 15 and October 22, 1987. /s/ Gerald W. Crane GERALD W. CRANE Publisher Decatur-DeKalb News

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Sworn to and subscribed before me this 22nd day of October, 1987. /s/ Janet K. Simpson Notary Public (Seal) PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on October 13, 1987, and October 27, 1987, will consider an ordinance to amend the act creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, so as to further amend said act to provide for a required annual actuarial report to enable the Pension Board to consider whether or not an adjustment to retirement benefits should be granted. The public is further notified that in order to carry out the provisions of said Resolution, it is necessary for the Board of Commissioners to adopt a Resolution at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which Resolution specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed Resolution has been filed with the Clerk, DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia, for examination and inspection and that copies are available from him for interested members of the public. This 5th day of October 1987. Manuel J. Maloof Chief Executive Officer DeKalb County 27-13652, 10/8-10/22 Filed in the Office of the Secretary of State November 12, 1987.

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ACTIONS BY MUNICIPALITIES PURSUANT TO CHAPTER 35 OF TITLE 36 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 AND RESOLUTIONS ADOPTED PURSUANT TO ARTICLE XI, SECTION I, PARAGRAPH IV OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING FOR CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS

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CITY OF GRANTVILLEMAYOR AND COUNCIL; POWERS, DUTIES, AND RESTRICTIONS; EMPLOYEES. MOTION TO AMEND SECTION 2.09 OF THE CHARTER FOR THE CITY OF GRANTVILLE, GEORGIA WHEREAS, in accordance with the Home Rule Powers of O. C. G. A., Section 36-35-3, the Mayor and the City Council of the The City of Grantville wish to amend the Charter for The City of Grantville by amending Section 2.09; THEREFORE, BE IT RESOLVED that Section 2.09 of The Charter of The City of Grantville is amended as follows: SECTION 2.09. RESTRICTIONS ON COUNCIL . The Council shall act in all manners as a body and no member shall seek individually to influence the official acts of the Mayor or any other officer or employee of the City, or direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the Mayor or other officers or employees. Each member of the Council shall chair a committee and serve on two other committees. It shall be the duty of each such committee to oversee the activities of and to establish policies for the operation of one department of the city government; provided, however, that neither the committee nor the chairman thereof shall have any authority to direct the day to day activities of the members of such department of city government. Furthermore, neither the committee nor its chairman shall interfere in any way with the Mayor's, the City Manager's, or the individual department heads' authority to direct the activities of the individual employees in each department of city government. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this the 11 day of August, 1986. /s/ J. W. Robertson, Jr Mayor, The City of Grantville /s/ John A. Malcolm, Jr. Councilman, The City of Grantville

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/s/ Billy Tucker Councilman, The City of Grantville Attest: /s/ Mrs. J. W. Robertson, Jr. City Clerk PUBLIC NOTICE The following are three proposed Charter Amendments for the Grantville City Charter which are being published in accordance with the Official Code of Georgia Annotated, Section 36-35-3: Section 2.09 Restrictions on Council. The Council shall act in all manners as a body and no member shall seek individually to influence the official acts of the Mayor or any other officer or employee of the City, or direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the Mayor or other officers or employees. Each member of the Council shall chair a committee and serve on two other committees. It shall be the duty of each such committee to oversee the activities of and to establish policies for the operation of one department of the city government; provided, however, that neither the committee nor the chairman thereof shall have any authority to direct the day to day activities of the members of such department of city government. Furthermore, neither the committee nor its chairman shall interfere in any way with the Mayor's, the City Manager's, or the individual department heads' authority to direct the activities of the individual employees in each department of city government. Section 3.03 Administrative Duties of Mayor. The Mayor shall be the executive head of the city government residing over the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances, and for franchises in the city and the city attorney shall take such legal actions as the Mayor

Page 5187

may direct for such purposes. He shall have the authority to control the work of all offices and employees of the city and shall further have the authority to relieve any employee of his duties without pay for up to seven (7) days for failure to properly perform those duties or for failure to follow lawful instructions. The Mayor shall submit to the Council annual budgets, reports and such other information as he may deem necessary or the Council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditures shall be made without his approval. If no other employee or official is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into conduct of the city's affairs and shall have such other powers and duties as may be provided by Ordinance not inconsistent with this act. Section 3.08. Appointment, Suspension or Removal of Employees. All officers and employees of the city, except as otherwise provided in this act, shall be appointed, promoted, demoted, transferred, suspended or removed by the Mayor and Council; provided, however, that the City Manager has the power to appoint, promote, transfer, suspend or remove any employee with the approval of the Mayor and Council provided further that a department head may remove or suspend any employee within his department for up to seven (7) days, with the approval of the Malor. During a suspension, an employee's salary may be reduced or eliminated, as determined by the Mayor and Council. Before suspending any officer or employee for more than seven (7) days, or removing any officer or employee, the Mayor and Council shall serve the employee with a written notice of intention to suspend or remove him containing a clear statement of the grounds for such proposed action and notification that the employee may request a hearing before the City Council by filing written notice thereof with the City Clerk within ten days. The decision of the City Council in cases of such appears by employees shall be final. The above proposed amendments are on file in the Office of Evelyn Robertson, City Clerk of the City of Grantville, and also on file in the Office of Deborah Glover, Clerk of the Superior Court of Coweta County, Georgia, for the purpose of examination and inspection by the public.

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Glover Davis, P. A. By Jack T. Camp, Attorneys for the City of Grantville No. 451-7-17-24-31 PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Newnan Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: July 17, 1986 July 24, 1986 July 31, 1986 /s/ William W. Thomasson William W. Thomasson Publisher Sworn before me on this 26 day of January, 1987 /s/ Jaye Marie Westerfield Notary Public Notary Public, Coweta County, Georgia My Commission Expires March 26, 1990 Filed in the Office of the Secretary of State February 6, 1987.

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CITY OF GRANTVILLEEMPLOYEES; APPOINTMENT, SUSPENSION, OR REMOVAL. MOTION TO AMEND SECTION 3.08 OF THE CHARTER FOR THE CITY OF GRANTVILLE, GEORGIA WHEREAS, in accordance with the Home Rule Powers of O. C. G. A., Section 36-35-3, the Mayor and the City Council of The City of Grantville wish to amend the Charter for The City of Grantville by amending Section 3.08; THEREFORE, BE IT RESOLVED that Section 3.08 of The Charter of The City of Grantville is amended as follows: SECTION 3.08. APPOINTMENT, SUSPENSION OR REMOVAL OF EMPLOYEES . All officers and employees of the city, except as otherwise provided in this act, shall be appointed, promoted, demoted, transferred, suspended or removed by the Mayor and Council; provided, however, that the City Manager has the power to appoint, promote, transfer, suspend or remove any employee with the approval of the Mayor and Council provided further that a department head may remove or suspend any employee within his department for up to seven (7) days, with the approval of the Mayor. During a suspension, an employee's salary may be reduced or eliminated, as determined by the Mayor and Council. Before suspending any officer or employee for more than seven (7) days, or removing any officer or employee, the Mayor and Council shall serve the employee with a written notice of intention to suspend or remove him containing a clear statement of the grounds for such proposed action and notification that the employee may request a hearing before the City Council by filing written notice thereof with the City Clerk within ten days. The decision of the City Council in cases of such appeals by employees shall be final. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this the 11 day of August, 1986. /s/ J. W. Robertson, Jr. Mayor; The City of Grantville

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/s/ John A. Malcolm, Jr. Councilman, The City of Grantville /s/ Billy Tucker Councilman, The City of Grantville Attest: /s/ Mrs. J. W. Robertson, Jr. City Clerk PUBLIC NOTICE The following are three proposed Charter Amendments for the Grantville City Charter which are being published in accordance with the Official Code of Georgia Annotated, Section 36-35-3: Section 2.09 Restrictions on Council. The Council shall act in all manners as a body and no member shall seek individually to influence the official acts of the Mayor or any other officer or employee of the City, or direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the Mayor or other officers or employees. Each member of the Council shall chair a committee and serve on two other committees. It shall be the duty of each such committee to oversee the activities of and to establish policies for the operation of one department of the city government; provided, however, that neither the committee nor the chairman thereof shall have any authority to direct the day to day activities of the members of such department of city government. Furthermore, neither the committee nor its chairman shall interfere in any way with the Mayor's, the City Manager's, or the individual department heads' authority to direct the activities of the individual employees in each department of city government. Section 3.03 Administrative Duties of Mayor. The Mayor shall be the executive head of the city government residing over the efficient and orderly administration of the city's

Page 5191

affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances, and for franchises in the city and the city attorney shall take such legal actions as the Mayor may direct for such purposes. He shall have the authority to control the work of all offices and employees of the city and shall further have the authority to relieve any employee of his duties without pay for up to seven (7) days for failure to properly perform those duties or for failure to follow lawful instructions. The Mayor shall submit to the Council annual budgets, reports and such other information as he may deem necessary or the Council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditures shall be made without his approval. If no other employee or official is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into conduct of the city's affairs and shall have such other powers and duties as may be provided by Ordinance not inconsistent with this act. Section 3.08. Appointment, Suspension or Removal of Employees. All officers and employees of the city, except as otherwise provided in this act, shall be appointed, promoted, demoted, transferred, suspended or removed by the Mayor and Council; provided, however, that the City Manager has the power to appoint, promote, transfer, suspend or remove any employee with the approval of the Mayor and Council provided further that a department head may remove or suspend any employee within his department for up to seven (7) days, with the approval of the Malor. During a suspension, an employee's salary may be reduced or eliminated, as determined by the Mayor and Council. Before suspending any officer or employee for more than seven (7) days, or removing any officer or employee, the Mayor and Council shall serve the employee with a written notice of intention to suspend or remove him containing a clear statement of the grounds for such proposed action and notification that the employee may request a hearing before the City Council by filing written notice thereof with the City Clerk within ten days. The decision of the City Council in cases of such appears by employees shall be final. The above proposed amendments are on file in the Office of Evelyn Robertson, City Clerk of the City of Grantville, and also

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on file in the Office of Deborah Glover, Clerk of the Superior Court of Coweta County, Georgia, for the purpose of examination and inspection by the public. Glover Davis, P. A. By Jack T. Camp, Attorneys for the City of Grantville No. 451-7-17-24-31 PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Newnan Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: July 17, 1986 July 24, 1986 July 31, 1986 /s/ William W. Thomasson William W. Thomasson Publisher Sworn before me on this 26 day of January, 1987 /s/ Jaye Marie Westerfield Notary Public Notary Public, Coweta County, Georgia My Commission Expires March 26, 1990 Filed in the Office of the Secretary of State February 6, 1987.

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CITY OF GRANTVILLEMAYOR; ADMINISTRATIVE DUTIES. MOTION TO AMEND SECTION 3.03 OF THE CHARTER FOR THE CITY OF GRANTVILLE, GEORGIA WHEREAS, in accordance with the Home Rule Powers of O. C. G. A., Section 36-35-3, the Mayor and the City Council of The City of Grantville wish to amend the Charter for The City of Grantville by amending Section 3.03; THEREFORE, BE IT RESOLVED that Section 3.03 of The Charter of The City of Grantville is amended as follows: SECTION 3.03. ADMINISTRATIVE DUTIES OF MAYOR . The Mayor shall be the executive head of the city government responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances, and for franchises in the city and the city attorney shall take such legal actions as the Mayor may direct for such purposes. He shall have the authority to control the work of all offices and employees of the city and shall further have the authority to relieve any employee of his duties without pay for up to seven (7) days for failure to properly perform those duties or for failure to follow lawful instructions. The Mayor shall submit to the Council annual budgets, reports and such other information as he may deem necessary or the Council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditures shall be made without his approval. If no other employee or official is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into conduct of the city's affairs and shall have such other powers and duties as may be provided by Ordinance not inconsistent with this act. IN WITNESS WHEREOF, we have hereunto set out hands and seals on this the 11 day of August, 1986. /s/ J. W. Robertson, Jr. Mayor, The City of Grantville

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/s/ John A. Malcolm, Jr. Councilman, The City of Grantville /s/ Billy Tucker Councilman, The City of Grantville Attest: /s/ Mrs. J. W. Robertson, Jr. City Clerk PUBLIC NOTICE The following are three proposed Charter Amendments for the Grantville City Charter which are being published in accordance with the Official Code of Georgia Annotated, Section 36-35-3: Section 2.09 Restrictions on Council. The Council shall act in all manners as a body and no member shall seek individually to influence the official acts of the Mayor or any other officer or employee of the City, or direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the Mayor or other officers or employees. Each member of the Council shall chair a committee and serve on two other committees. It shall be the duty of each such committee to oversee the activities of and to establish policies for the operation of one department of the city government; provided, however, that neither the committee nor the chairman thereof shall have any authority to direct the day to day activities of the members of such department of city government. Furthermore, neither the committee nor its chairman shall interfere in any way with the Mayor's, the City Manager's, or the individual department heads' authority to direct the activities of the individual employees in each department of city government. Section 3.03 Administrative Duties of Mayor. The Mayor shall be the executive head of the city government residing over the efficient and orderly administration of the city's

Page 5195

affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances, and for franchises in the city and the city attorney shall take such legal actions as the Mayor may direct for such purposes. He shall have the authority to control the work of all offices and employees of the city and shall further have the authority to relieve any employee of his duties without pay for up to seven (7) days for failure to properly perform those duties or for failure to follow lawful instructions. The Mayor shall submit to the Council annual budgets, reports and such other information as he may deem necessary or the Council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditures shall be made without his approval. If no other employee or official is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into conduct of the city's affairs and shall have such other powers and duties as may be provided by Ordinance not inconsistent with this act. Section 3.08. Appointment, Suspension or Removal of Employees. All officers and employees of the city, except as otherwise provided in this act, shall be appointed, promoted, demoted, transferred, suspended or removed by the Mayor and Council; provided, however, that the City Manager has the power to appoint, promote, transfer, suspend or remove any employee with the approval of the Mayor and Council provided further that a department head may remove or suspend any employee within his department for up to seven (7) days, with the approval of the Malor. During a suspension, an employee's salary may be reduced or eliminated, as determined by the Mayor and Council. Before suspending any officer or employee for more than seven (7) days, or removing any officer or employee, the Mayor and Council shall serve the employee with a written notice of intention to suspend or remove him containing a clear statement of the grounds for such proposed action and notification that the employee may request a hearing before the City Council by filing written notice thereof with the City Clerk within ten days. The decision of the City Council in cases of such appears by employees shall be final. The above proposed amendments are on file in the Office of Evelyn Robertson, City Clerk of the City of Grantville, and also

Page 5196

on file in the Office of Deborah Glover, Clerk of the Superior Court of Coweta County, Georgia, for the purpose of examination and inspection by the public. Glover Davis, P.A. By Jack T. Camp, Attorneys for the City of Grantville No. 451-7-17-24-31 PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Newnan Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: July 17, 1986 July 24, 1986 July 31, 1986 /s/ William W. Thomasson William W. Thomasson Publisher Sworn before me on this 26 day of January, 1987 /s/ Jaye Marie Westerfield Notary Public Notary Public, Coweta County, Georgia My Commission Expires March 26, 1990 Filed in the Office of the Secretary of State February 6, 1987.

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CITY OF DORAVILLEGOVERNING AUTHORITY; RETIREMENT PLAN MEMBERSHIP. AMENDMENT NO. 1 TO ORDINANCE NO. 157 AN ORDINANCE ENACTED PURSUANT TO THE OFFICIAL CODE OF GEORGIA 36-35-3 TO AMEND THAT ORDINANCE ESTABLISHING A RETIREMENT PLAN FOR THE EMPLOYEES OF THE CITY OF DORAVILLE SO AS TO PROVIDE THAT ELECTED AND APPOINTED MEMBERS OF THE GOVERNING AUTHORITY BE INCLUDED IN THE RETIREMENT PLAN; 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 authority granted to the City under the provisions of the Georgia Home Rule Act, O.C.G.A. 36-35-3, that ordinance establishing a retirement plan for the employees of the City of Doraville dated November 2, 1981, amended August 13, 1982, is hereby amended so as to provide for the inclusion of elected and appointed members of the governing authority of the City of Doraville who were formerly excluded from participation. SECTION II This amendment is enacted to reratify and reaffirm the Ordinance which included those elected and appointed officials, but which Ordinance, because of the method of adoption, may not have the full legal effect contemplated by the Council at the time of adoption. SECTION III The rights and obligations under this Plan with respect to persons whose employment or association with the City, for any reason whatsoever, was terminated, and the rights of any joint annuitant of an employee or elected or appointed official who was deceased prior to the effective date of this amendment and restatement of

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amendment are fixed and they shall remain and be governed by the Plan as it existed and was in effect at the time of such termination. SECTION IV REPEAL FOR CONFLICTING PURPOSES . All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION V SEVERABILITY . It is hereby declared to be the intention of the Mayor and Council of the City of Doraville that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of the Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. SECTION VI EFFECTIVE DATE . This amendment shall be effective immediately upon passage. This 2d day of February, 1987. /s/ GENE LIVELY, Mayor City of Doraville Attest: /s/ James W. Buechler James W. Buechler City Clerk FIRST READING: 1-5-87 SECOND READING: 2-2-87 February 2, 1987 I, JAMES W. BUECHLER, do hereby certify that the within and foregoing is a true and correct copy of an Amendment to the Doraville Retirement Plan as duly acted upon by the City of Doraville.

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This 2d day of February, 1987. /s/ James W. Buechler JAMES W. BUECHLER City Clerk (Seal) NOTICE OF LOCAL LEGISLATION Pursuant to O.C.G.A. 36-35-3, notice is hereby given that an Amendment to the City of Doraville Retirement Plan, to provide for the inclusion of elected and appointed officials has been discussed and proposed by the City Council of the City of Doraville. The purpose of the Amendment is to reinact the Ordinance adopting the Retirement Plan so as to provide for the inclusion, in that Plan, of elected and appointed officials. A copy of this proposed Amendment is on file in the office of the City Clerk of the City of Doraville, 3760 Park Avenue, Doraville, Georgia, and at the office of the Clerk of the Superior Court of DeKalb County, Georgia for purpose of examination and inspection by the public. Action taken on the proposed Charter Amendment is intended to be taken at the regularly scheduled meeting of the Mayor and City Council of the City of Doraville on the 1st Monday in February, 1987 at 8:00 o'clock P.M. Edward E. Carter Attorney for City of Doraville 16-2902, 1/8-1/22 PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... COUNTY OF DEKALB.....[UNK] ss: Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co-publisher

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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 Local Legislation a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8th, 15th 22nd day of January, 1987. /s/ Gerald W. Crane Co-Publisher (by) /s/ Linda L Orr Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 10th day of February, 1987 /s/ Janet K. Simpson Notary Public My commission expires June 4, 1990 (SEAL) Filed in the Office of the Secretary of State February 16, 1987.

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CITY OF DALTONAIRPORT AUTHORITY; CREATION. CITY OF DALTONAIRPORT AUTHORITY AN ORDINANCE TO AMEND AN ACT ESTABLISHING A CHARTER FOR THE CITY OF DALTON, APPROVED ON FEBRUARY 24, 1874 (GA. L. 1874 P. 181, ET. SEQ.), AND THE SEVERAL ACTS AMENDATORY THEREOF, SO AS TO CREATE AND ESTABLISH THE CITY OF DALTON AIRPORT AUTHORITY, DESIGNATE ITS PURPOSES, PROVIDE FOR ITS ORGANIZATION AND MEMBERSHIP, PROVIDE QUALIFICATIONS AND TERMS OF OFFICE FOR ITS MEMBERS, PROVIDE FOR FILLING OF VACANCIES ON THE AUTHORITY AS THEY OCCUR, DESIGNATE THE POWERS OF THE AUTHORITY, INCLUDE THE AUTHORITY WITHIN THE BUDGETARY PROCESSES OF THE MAYOR AND COUNCIL OF THE CITY OF DALTON AND FOR PURPOSES OF OPERATIONS, STAFF, CAPITAL IMPROVEMENTS, CONSULTANTS AND OTHER ALLOWANCES, TO AUTHORIZE THE ACQUISITION, CONSTRUCTION, EQUIPPING, MAINTENANCE, OPERATION, CONTROL AND IMPROVEMENT OF AIRPORTS AND LANDING FIELDS FOR THE USE OF AIRCRAFT, WHICH SHALL INCLUDE THE ACQUISITION, CONSTRUCTION, IMPROVEMENT OR MODIFICATION OF ANY PROPERTY, REAL OR PERSONAL, WHICH SHALL BE SUITABLE FOR, USED AS, OR IN CONNECTION WITH AIRPORTS; TO AUTHORIZE SUCH AUTHORITY TO ACQUIRE IN THE NAME OF THE CITY OF DALTON ALL NECESSARY PROPERTY THEREFOR, BOTH REAL AND PERSONAL, AND TO LEASE ANY AND ALL SUCH FACILITIES, INCLUDING REAL ESTATE; TO AUTHORIZE THE AUTHORITY TO SELL SURPLUS PROPERTY AS REQUIRED BY LAW; TO AUTHORIZE THE AUTHORITY TO CONTRACT WITH OTHERS PERTAINING TO AIRPORTS AND LANDING FIELDS FOR THE USE OF AIRCRAFT AND TO EXECUTE LEASES OF SUCH FACILITIES AND TO DO ALL THINGS DEEMED NECESSARY OR CONVENIENT FOR THE OPERATION OF SUCH

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UNDERTAKING; TO AUTHORIZE THE AUTHORITY TO EXERCISE THE POWER OF EMINENT DOMAIN; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. January, 1987 BE IT ORDAINED by the Mayor and Council of the City of Dalton acting pursuant to the powers accorded them under The Municipal Home Rule Act of 1965, as amended, and by the authority of the same, it is hereby ordained as follows: SECTION I SHORT TITLE This Act may be cited as the City of Dalton Airport Authority Ordinance. SECTION II CITY OF DALTON AIRPORT AUTHORITY The Charter of the City of Dalton approved on February 24, 1874 (Ga. L. 1874 P. 181, et. seq.), and the several acts amendatory thereof, is hereby amended by adding thereto a new provision for the City of Dalton Airport Authority to be created, established, maintained and constituted as hereinafter set forth and with the purposes, powers, duties and prerogative(s) hereinafter described. There is hereby created the City of Dalton Airport Authority (hereafter the Authority). Its purposes shall be, without limitation, the control, operation and general management of existing airports and landing fields of the City of Dalton for the use of aircraft as well as the acquisition, construction, equipping, maintenance, improvement and operation of airports and landing fields for the use of aircraft, including the acquisition, construction and improvement or modification of any property, real or personal, which shall be suitable for, used as, or in connection with airports, the lease of any airport facilities, including real property, the exercise of the powers of eminent domain where public convenience and necessity requires, and the doing of any and all things deemed necessary, convenient or desirable for, and instant to, the efficient and proper development and operation of the City's airport properties and landing fields for the use of aircraft.

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SECTION III MEMBERSHIP The Authority shall be composed of five (5) individuals with qualifications as hereinafter provided, all of whom shall be appointed by the Mayor and Council of the City of Dalton pursuant to passage of appropriate resolution(s). The initial members of the Authority shall be designated by the Mayor and Council to serve terms as follows: One (1) initial appointee designated with a term of one (1) year; One (1) initial appointee designated with a term of two (2) years; One (1) initial appointee designated with a term of three (3) years; One (1) initial appointee designated with a term of four (4) years; One (1) initial appointee designated with a term of five (5) years. Individuals appointed to succeed initial members of the Authority upon the expiration of their designated term shall be appointed for terms of five (5) years. Upon the death, resignation or other event creating a vacancy in the seat of any member of the Authority, whether an initial appointee with a designated term or otherwise, the Mayor and Council shall fill the vacancy by appointing a qualified individual to fill the unexpired term of the vacating member through passage of an appropriate resolution of the Mayor and Council. For purposes of determining the time of the regular expiration of any term of office of any member of the Authority, the first year for an initial appointee shall be deemed to run from the date of initial appointment to the Authority until the first regular meeting of the Mayor and Council in January, 1988. Thereafter, a year shall be deemed to run from the date of the first regular

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meeting of the Mayor and Council in January of any calendar year until the first regular meeting of the Mayor and Council in the succeeding calendar year. No member of the authority shall be re-appointed by the Mayor and Council to succeed him or herself for a successive term of service on the Authority except that members initially designated with a term of less than three years may be re-appointed for one full term. A member of the Authority must at the time of appointment by the Mayor and Council and at all times thereafter during the tenure of service on the Commission possess the following qualifications: i) Maintain his or her permanent residence within the municipal limits of the City of Dalton, Georgia; ii) Be not less than eighteen (18) years of age. The Mayor and Council shall within thirty (30) days of the effective date of this Ordinance appoint the initial members of the Authority. SECTION IV EX OFFICIO MEMBERS The City Administrator or his successor in office shall be a non-voting ex-officio member of the Authority who shall be entitled to participate in all meetings of the Authority. SECTION V MEETINGS The Authority shall hold its organizational meeting within thirty (30) days of the appointment of the members of the Authority by the Mayor and Council. The Alderman chairing the Airport Committee of the Mayor and Council shall issue a written call for this organizational meeting of the initial members of the Authority. The Authority shall meet at such times thereafter as may be necessary to transact the business and fulfill its public purpose but the Authority shall hold an organizational meeting each year within thirty (30) days of the first meeting of the Mayor and Council in January. At the first organizational meeting and at its organizational meeting in each succeeding year the members of the Authority shall elect one (1) of its members

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as its Chairman and another member as Secretary. The term of the Chairman and Secretary shall be for a period beginning with their election by the Authority and expiring with the organizational meeting of the Authority in the following year or upon their death, resignation or vacancy in the position of Authority member for whatever reason, whichever shall earlier occur. In the event of a death, resignation or vacancy in the position of Authority member by the Chairman or Secretary of the Authority, the members of the Authority shall elect one of their members to fill the vacant office for the expiration of the term of office. The Chairman and Secretary of the Authority may be elected by the Authority members for succeeding terms during their tenure. A meeting of the Authority may be held upon call of the Chairman, or any two (2) members of the Authority, or upon call of the City Administrator as a non-voting ex-officio member. A quorum for the transaction of business of the Authority shall consist of three (3) voting members of the Authority. Each voting member of the Authority shall have one vote on all matters and issues to be decided. A vote of the majority of the members of the Authority present in person and voting at any meeting of the Authority shall carry on any decision to be made. SECTION VI COMPENSATION No member of the Authority shall be paid any salary or compensation for his or her service. However, the Mayor and Council shall be authorized in its discretion to set by ordinance a mileage allowance and per diem expense for members of the Authority traveling or in attendance on official business of the Authority. The salary and employment benefits of any staff member(s) of the Authority shall be determined by the Mayor and Council through the budgetary processes of the Mayor and Council. SECTION VII STAFF The Authority shall be authorized to hire, contract with and/or appoint an Airport Manager and such other employees as

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they deem necessary to carry out the business, affairs and public purposes of the Authority provided compensation and any related benefits to said employees of the Authority are included within the budget for the Authority set by the Mayor and Council of the City of Dalton. Further, the Authority may employ or retain such expert or consultant services as required to carry on its operations and meet its public purposes subject to the budgetary allowances as set by the Mayor and Council. SECTION VIII BUDGET The Authority through its Chairman shall submit an annual request for budget to the Mayor and Council or its designated Committee at the times and in the form directed by the Mayor and Council. For its initial period of fiscal operations beginning with the effective date of this Ordinance and until the end of the current fiscal year, the Authority shall submit to the Mayor and Council through its proper officer a budget request within forty-five (45) days of the effective date of this Ordinance. SECTION IX LEGAL SERVICES The City Attorney shall serve as counsel and legal adviser to the Authority and shall perform such legal services as the Authority shall request. SECTION X POWERS The Authority shall have the following powers subject to the budgetary allowances or limitations imposed by the Mayor and Council and the rights and interests of any holder of bonds or obligations issued by the City of Dalton relating to or affecting property owned, operated or leased by the Authority or in which the Authority has an interest in the course of fulfilling its public purposes: a) To have a seal and alter the same at its pleasure; b) In the name and title of the City of Dalton to acquire by purchase, lease or otherwise, and to hold and lease

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real and personal property of every kind and character for its public purposes; c) To sell surplus personal property in accordance with municipal surplus property disposition laws of Georgia; d) To acquire in the name of the City of Dalton by purchase, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or right of easement therein or franchise necessary or convenient for its public purposes, and to use the same so long as its authority shall continue, and to lease or make contracts with respect to the use of the same, in any manner it deems to be the best advantage of the Authority; d) To appoint, select and employ officers, agents and employees including engineering, architectural and construction experts, and fiscal agents and fix their respective compensation subject to its budgetary limitations as otherwise provided in this Ordinance. e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects or lease of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable. The Authority is further granted the authority to make contracts and leases, and to execute all instruments necessary or convenient, with the United States Government or any agency or department thereof concerning the projects of the Authority. Notwithstanding anything herein to the contrary the Authority shall not be empowered to sell any real estate except surplus realty without specific authorizing resolution of the Mayor and Council; f) To construct, erect, acquire, control, repair, remodel, maintain, add to, extend, improve, equip, operate and manage all public airports and landing fields and related buildings, appurtenances and extensions thereof of the City of Dalton, the cost of any such activity to be paid in whole or in part from the proceeds of general obligation

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or revenue bonds issued by the City of Dalton or funds of the Authority budgeted by the Mayor and Council or from such proceeds of any grant from the United States of America or any agency or instrumentality thereof or of the State of Georgia; g) To accept loans and grants, or to accept loans and grants of money or materials or property of any kind from the United States of America or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality or source may impose; h) To accept loans and grants, or to accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision or any source may impose; i) To do all things necessary or convenient to carrying out its public purposes not prohibited by this Ordinance, the Charter of the City of Dalton and the general laws of the State of Georgia applicable to this Authority; j) To sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or any interest therein, not required in the normal operation of the Authority or usable in the furtherance of its public purposes in accordance with the Charter of the City of Dalton and the general laws applicable to disposition of such property by municipalities of the State of Georgia; k) To provide for or otherwise contract with any other agency, instrumentality or political subdivision of the State of Georgia or with any department, agency or division of the City of Dalton for security of the passengers, cargo and facilities under its operation and control; l) To prescribe, fix and collect fees, rates, tolls and charges and to revise such from time to time for the services and facilities provided to the general public or any user thereof on any airport, landing field and property under its jurisdiction; m) To promulgate rules and regulations for the entire operation

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of the airports, landing fields and projects under its jurisdiction. All such regulations shall be in conformance with the Federal Aviation Act, and the statutes, regulations and rules of any Federal and State jurisdiction applicable thereto; n) To exercise the power of eminent domain in the name of and on behalf of the City of Dalton acting by and through its Airport Authority for the purpose of condemning real estate rights-of-way or easement for the purpose of carrying out its public purposes. Any condemnation shall be conducted in accordance with the statutory provisions of the State of Georgia and United States of America applicable thereto. SECTION XI MONIES PAYBLE TO GENERAL FUND All revenues collected by the Authority on leases, franchises, hangar rentals, service fees, surplus property sales, and from any other source shall be properly accounted for and paid over to the general fund of the City of Dalton. The Mayor and Council shall establish accounts and audit procedures for revenues collected by the Authority and shall implement same at all times. SECTION XII CONTROL TRANSFERRED Upon the effective date of this Ordinance and the organization of the Airport Authority the Airport Authority shall have control of all existing facilities of the Dalton Municipal Airport (Jolly Field). It shall within ninety (90) days of its organization file with the Mayor and Council a listing or description of all real estate, facilities and property properly within its control. A similar listing and description shall be filed annually with the Mayor and Council not later than the first regular meeting of the Mayor and Council in February of each calendar year. SECTION XIII SEVERABILITY If any part of this Ordinance shall be declared illegal for any reason, including but not limited to any power given to

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the Authority hereunder exceeding the limitations on home rule powers of municipal corporations, said unlawful provision shall be deemed to be severable from the remainder of this Ordinance and the remainder of this Ordinance shall remain in full force and effect. It is the intention of the Mayor and Council by the adoption of this Ordinance that any lawful remaining portion of this Ordinance be severed from any unlawful portion with the lawful portion thereof remaining in full force and effect. SECTION XIV EFFECTIVE DATE This Ordinance shall become effective after its passage by the Mayor and Council of the City of Dalton at the earliest date permitted by The Municipal Home Rule Act of 1965, as amended. SECTION XV REPEALER All local laws and parts of law in conflict with this Ordinance are hereby repealed. This Ordinance having been properly considered and adopted by the Mayor and Council of the City of Dalton, Georgia, the same is hereby approved. THIS 19th day of January, 1987. CITY OF DALTON By: /s/ Jimmy L. Young, Sr. JIMMY L. YOUNG, SR., Mayor Attest: /s/ Faye L. Martin FAYE MARTIN, Clerk First Reading: 1-5-87 Second Reading: 1-19-87 GEORGIA, WHITFIELD COUNTY

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I, FAYE L. MARTIN, do hereby certify that I am the duly appointed Clerk of the City of Dalton, Georgia, and that as such I am the keeper of the seal, minutes and records of said City and of the proceedings of the Mayor and Council of the City of Dalton, Georgia; that the foregoing extract is a true, correct and exact copy of the original thereof which is required to be maintained in my office, read the first time in a regular meeting of the Mayor and Council of the City of Dalton on January 5, 1987, and finally adopted at a regular meeting of the Mayor and Council of the City of Dalton on January 19, 1987, as the same appears on the record in the Office of the City Clerk of Dalton, Georgia. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City. THIS 16 day of February, 1987. /s/ Faye L. Martin FAYE L. MARTIN, City Clerk (SEAL) NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF DALTON, GEORGIA Notice is hereby given that an Ordinance has been introduced to amend an act establishing a Charter for the City of Dalton, Georgia approved on February 24, 1874 (Ga. L. 1874, p. 181, et seq.) and the several acts amendatory thereof, for the purpose of creating and establishing the City of Dalton Airport Authority, designate its purposes, provide for its organization and membership, provide qualifications and terms of office for its members, provide for filling the vacancies on the Authority as they may occur, designate the powers of the Authority, include the Authority within the budgetary processes of the mayor and Council of the City of Dalton for purposes of airport management, staff, consultants and other allowances; to authorize the Authority to hire, contract with and/or appoint an airport manager and other such employees as it deems necessary for its public purposes within the budgetary allowances of the Mayor and council;

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to provide that the City Administrator serve as a non-voting ex-officio member of the Authority; to provide for severability; to repeal conflicting laws and ordinances; and for other purposes. A synopsis of the proposed Odinance is as follows: The City of Dalton Airport Authority is created and established and charged with the responsibility, without limitation, for the control, operation and general management of existing airports and landing fields of the City of Dalton for the use of aircraft as well as the acquisition, construction, equipping, maintenance, improvement and operation of airports and landing fields for the use of aircraft, including the acquisition, construction and improvement or modification of any property, real or personal, which shall be suitable for, used as, or in connection with airports, the lease of any airport facilities, including real property, the exercise of the powers of eminent domain where public convenience and necessity require, and the doing of any and all things deemed necessary, convenient or desirable for, and instant to, the efficient and proper development and operation of the airport properties and landing fields in the City of Dalton for the use of aircraft. The City of Dalton Airport Authority shall be composed of five (5) regular members who shall serve five (5) year terms upon appointment by the Mayor and Council. The City Administrator shall serve as a non-voting ex-officio member of the Authority and shall be entitled to participate in all of its ratings and proceedings. The members of the Authority shall serve for staggered terms. Upon the death, resignation or other event creating a vacancy in the seat of any member of the Authority, the Mayor and Council shall fill the vacancy by appointment. Qualifications to serve as a member of the Authority include (1) permanent residence within the municipal limits of the City of Dalton, Georgia, and (2) not less that eighteen (18) years of age. The Authority shall have the following powers subject to the budgetary allowances or limitations imposed by the Mayor and Council and further subject to the rights and interest of any holder or bonds or obligations issued by the City of Dalton relating to or affecting property owned, operated or leased by

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the Authority or in which the Authority has an interest in the course of fulfilling its public purposes: (1) to have a seal and alter the same at its pleasure; (2) in the name and title of the City of Dalton to acquire by purchase, lease or otherwise, and to hold and lease real and personal property of every kind and character for its public purposes; (3) to sell surplus personal property in accordance with municipal surplus property disposition laws of the State of Georgia; (4) to acquire in the name of the City of Dalton by purchase, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or right of easement therein or franchise necessary or convenient for its public purposes, and to use the same so long as its authority shall continue, and to lease or make contracts with respect to the use of the same, in any manner it deems to the best advantage of the Authority; (5) to appoint, select and employ officers, agents and employees, including but not limited to an airport manager and such other staff as necessary to carry out the business, affairs and public purposes of the Authority; (6) to make contracts, leases, and to execute all instruments necessary or convenient except the Authority may not sell or dispose of property except surplls personal property in accordance with the municipal surplus personal property disposition laws of the State of Georgia; (7) to contract with other departments and agencies of the City of Dalton and any and all political subdivisions of the State of Georgia or the United States of America except that the Authority shall not be authorized to sell or dispose of property other than surplus personal property and then only in accordance with the municipal surplus personal property disposition laws of the State of Georgia; (8) to construct, erect, acquire, control, repair, remodel, maintain, add to, extend, improve, equip, operate and manage all public airports and landing fields and related building, appurtenances and extensions thereof of the City of Dalton with the costs thereof to be paid in whole or in part from the proceeds of revenue bondsd issued by The City of Dalton or funds of the Authority budgeted by the Mayor and Council or from such proceeds of any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (9) to accept loans and grants, or to accept loands and grants of money or materials or property of any kind from the United States of America or its agencies,

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instrumentalities or political subdivisions and from the State of Georgia or its agencies, instrumentalities or political subdivisions and upon such terms and conditions as such sources may impose; (10) to do all things necessary or convenient to carrying out its public purposes not prohibited by the City of Dalton Airport Authority Ordinance, the Charter of the City of Dalton, or the general laws of the State of Georgia or of the United States of America; (11) to prescribe, fix and collect fees, rates and tolls and charges and to revise such from time to time for the services and facilities provided the general public or any user thereof on any airport, landing field and property under its jurisdiction; (12) to promulgate rules and regulations for the operation of the airports, landing fields and projects under its jurisdiction in conformance with the Federal Aviation Act and the statutes, regulations and rules of any applicable federal or state jurisdiction; and (13) to exercise the powers of eminent domain in the name of and or behalf of the City of Dalton acting by and through its Airport Authority for the purpose of condemning real estate right-of-way or easement for the purpose of carrying out its public purpose and in accordance with the statutory provisions of the State of Georgia and the United States of America applicable thereto. The Ordinance provides that all monies collected by the Authority shall be properly accounted for and paid over to the general fund of the City of Dalton. There are various provisions for organization of the Authority including the conduct of an initial and organizational meeting of the Authority. The Authority shall elect a chairman and a secretary. No member of the Authority shall be paid any salary or compensation for his or her service although the Mayor and Council may set a mileage allowance and per diem expense for members of the Authority traveling or in attendance on official business of the Authority. Any salary or employment benefits of any staff members of the Authority including an airport manager shall be determined by the Mayor and Council through the budgetary processes of the Mayor and Council.

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The Ordinance provides that on its effective date the Airport Authority shall have control of all existing facilities of the Dalton Municipal Airport (Jolly Field) and shall within ninety (90) days of its organization file with the Mayor and Council a listing or description of all real estate, facilities and property properly within its control. The Ordinance further provides that a similar listing and description shall be filed annually with the Mayor and Council not later than the first regular meeting of the Mayor and Council in February of each calendar year. The Ordinance provides that the City Attorney will serve as legal counsel and adviser to the Authority and shall perform such legal service as the Authority shall request. The Ordinance provides that no member of the Authority shall succeed himself upon the expiration of his term except for initial appointees for terms of less that three (3) years who may then be reappointed for one (1) full term of five (5) years. The Authority shall adopt by laws and rules of order and procedure amendable from time to time by vote of a majority of its members, which by laws and rules of order and procedure shall be consistent with remaining provisions of the City of Dalton Airport Authority Ordinance, Charter provision of the City of Dalton, applicable provisions of the Revised Code of the City of Dalton, and the general laws of the State of Georgia. All members of the Authority except the non voting ex officio member shall have one (1) vote on any matter to be voted on or acted upon by the Authority and passage of any measure or the taking or approval of any acts and recommendation by the Authority shall require a vote of a simple majority of the members of the Commission voting on the issue at any meeting. A quorum for purposes of conducting meetings of the Authority shall require the presence of three (3) members. There shall be no voting of the Authority members by proxy or in absentia. The Ordinance shall be effective upon passage by the Mayor and Council in accordance with the Municipal Home Rule Act of 1965, as amended.

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A copy of the purpose Amendment to the Charter of the City of Dalton, Georgia creating adn establishing the City of Dalton Airport Authority is on file at the Office of the City Clerk of the City of Dalton and in the Offices of the Clerk of the Superior Court of Whitfield County, Georgia for the purposes of examination and inspection by the public. The Mayor and Council of the City of Dalton will consider the proposed Ordinance at two regular consecutive meetings to be held on Wednesday, January 7, 1987 and Monday, January 19, 1987 at 7:30 o'clock P.M., in the Chambers of the Mayor and Council at City Hall, 114 Pentz Street, Dalton, Georgia. THIS 30th day of December, 1986. Jimmy L. Young, Sr. Mayor City of Dalton, Georgia 1-2, 109, 1-16 GEORGIA, WHITFIELD COUNTY AFFIDAVIT OF PUBLISHER Personally appeared before me the undersigned officer, duly authorized to administer oaths in said county and state, STANLEY WARREN, who, having been duly sworn, deposes and says on oath that he is publisher of the Daily Citizen News , that, as such, he is authorized to make this affidavit, and that the attached notice is a true and correct copy of the advertisement that was published on January 2, 1987, January 9, 1987, and January 16, 1987 in the Daily Citizen News , the official organ of Whitfield County, Georgia. THIS 17th day of February, 1987. /s/ Stanley Warren STANLEY WARREN, Publisher

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Sworn to and subscribed before me this 17th day of February, 1987. /s/ Louise B. Hackney NOTARY PUBLICSTATE AT LARGE (Seal) Filed in the Office of the Secretary of State February 24, 1987. CITY OF PEACHTREE CITYCITY OFFICERS; APPOINTMENT; COMPENSATION. ORDINANCE TO AMEND SECTION 14 OF THE CHARTER FOR THE CITY OF PEACHTREE CITY, AND FOR OTHER PURPOSES. WHEREAS, in accordance with the Home Rule Powers of Official Code of Georgia Annotated Section 36-35-3 and Section 36-35-4, the Mayor and City Council of Peachtree City wish to amend the Charter for Peachtree City by amending Section 14; BE IT ORDAINED BY THE Mayor and Council of the City of Peachtree City, and it is hereby ordained by authority of same, that Section 14 of the Charter of Peachtree City be amended as follows: Section 14 (Appointment of officers by Council; removal, salaries as fixed.) The City shall at its organizational meeting and thereafter at its regular meeting in January of each year appoint a Clerk. They may also appoint a Chief of Police, Fire Chief, City Engineer, Building Official, Public Works Director, Recreation Director, and a Librarian, and such other officers as may in their judgement be necessary to the best interest of the City. Such appointed officers, after their initial appointment need not be reappointed on an annual basis but, shall

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serve subject to the pleasure of the Mayor and Council and may be removed from office by the Council at any time upon a showing of cause in accordance with the then-existing City personnel policies; provided, further, that the Mayor may suspend any official pending a meeting of the Council to make a formal decision on termination. Any officers appointed pursuant to this section will be subject to the termination procedures therein and contained in the City personnel policies. The salaries of the officers provided for in this section shall be such as may be prescribed by ordinances of said City Council. The said Council shall fill any office which may become vacant to fill any unexpired term thereof. Read this 5th day of February, 1987 Read this 19th day of February, 1987. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 19th day of February, 1987. /s/ Frederick Brown, Jr. Mayor /s/ Robert M. Stalder /s/ Daniel J. Lakly /s/ John M. Barrett /s/ David Good City Council /s/ Frances Meaders: Attest City Clerk PUBLIC NOTICE Notice is hereby given that an Ordinance will be presented to the Mayor and City Council of the City of Peachtree City for final adoption on February 19, 1987, to amend the Charter of the City pursuant to authority granted by the Home Rule Bill and in accordance with the Official Code of Georgia Annotated Section 36-35-3 and Section 36-35-4.

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The Ordinance will be present for reading on February 5, 1987 and February 19, 1987 at a regular scheduled City Council Meeting to be held in the Municipal Building. The meetings will convene at 7:00 P.M. The proposed Ordinance will amend Chapter 14 of the Charter (appointment of officers by Council; removal, salaries as fixed) and will provide that at the regular scheduled meeting in January a Clerk shall be appointed; that other City officers may be appointed such as Police Chief, Fire Chief, City Engineer, Public Works Director, Recreation Director, Librarian and Building Official but that after their initial appointment such appointed officers need not be reappointed on an annual basis. The Ordinance will provide that such appointed officers shall serve subject to the pleasure of the Mayor and City Council; that such officers may be removed from office upon a showing of cause in accordance with City personnel policies; and that salaries shall be as prescribed by the City regulations. A copy of the proposed Ordinance to amend the City Charter is on public disclosure at City Hall and in the Office of the Clerk of the Superior Court of Fayette County for the purpose of examination and inspection by the public. Frances Meaders City Clerk PUBLISHER'S CERTIFICATE STATE OF GEORGIA.....[UNK] ss: COUNTY OF DEKALB..... Personally appeared before the undersigned, a notary public within and for said county and State, Mary L. Crane Co-publisher of THE FAYETTE SUN a newspaper publisher at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of PUBLIC NOTICE FOR PEACHTREE CITY, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 15th day of January, 1987. /s/ Mary L. Crane Co-publisher

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Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 20th day of February, 1987. /s/ Marjorie G. Price Notary Public Notary Public, Georgia State at Large My Commission Expires January 6, 1989. (SEAL) PUBLIC NOTICE Notice is hereby given that an Ordinance will be presented to the Mayor and City Council of the City of Peachtree City for final adoption on February 19, 1987, to amend the Charter of the City pursuant to authority granted by the Home Rule Bill and in accordance with the Official Code of Georgia Annotated Section 36-35-3 and Section 36-35-4. The Ordinance will be present for reading on February 5, 1987 and February 19, 1987 at a regular scheduled City Council Meeting to be held in the Municipal Building. The meetings will convene at 7:00 P.M. The proposed Ordinance will amend Chapter 14 of the Charter (appointment of officers by Council; removal, salaries as fixed) and will provide that at the regular scheduled meeting in January a Clerk shall be appointed; that other City officers may be appointed such as Police Chief, Fire Chief, City Engineer, Public Works Director, Recreation Director, Librarian and Building Official but that after their initial appointment such appointed officers need not be reappointed on an annual basis. The Ordinance will provide that such appointed officers shall serve subject to the pleasure of the Mayor and City Council; that such officers may be removed from office upon a showing of cause in accordance with City personnel policies; and that salaries shall be as prescribed by the City regulations.

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A copy of the proposed Ordinance to amend the City Charter is on public disclosure at City Hall and in the Office of the Clerk of the Superior Court of Fayette County for the purpose of examination and inspection by the public. Frances Meaders City Clerk PUBLISHER'S CERTIFICATE STATE OF GEORGIA.....[UNK] ss: COUNTY OF DEKALB..... Personally appeared before the undersigned, a notary public within and for said county and State, Mary L. Crane Co-publisher of THE FAYETTE SUN a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of PUBLIC NOTICE FOR PEACHTREE CITY, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 22nd day of January, 1987 /s/ Mary L. Crane Co-publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 20th day of February, 1987. /s/ Marjorie G. Price Notary Public Notary Public, Georgia State at Large My Commission Expires January 6, 1989. (SEAL)

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PUBLIC NOTICE Notice is hereby given that an Ordinance will be presented to the Mayor and City Council of the City of Peachtree City for final adoption on February 19, 1987, to amend the Charter of the City pursuant to authority granted by the Home Rule Bill and in accordance with the Official Code of Georgia Annotated Section 36-35-3 and Section 36-35-4. The Ordinance will be presented for reading on February 5, 1987 and February 19, 1987 at a regular scheduled City Council Meeting to be held in the Municipal Building. The meetings will convene at 7:00 P.M. The proposed Ordinance will amend Chapter 14 of the Charter (appointment of officers by Council; removal, salaries as fixed) and will provide that at the regular scheduled meeting in January a Clerk shall be appointed; that other City officers may be appointed such as Police Chief, Fire Chief, City Engineer, Public Works Director, Recreation Director, Librarian and Building Official but that after their initial appointment such appointed officers need not be reappointed on an annual basis. The Ordinance will provide that such appointed officers shall serve subject to the pleasure of the Mayor and City Council; that such officers may be removed from office upon a showing of cause in accordance with City personnel policies; and that salaries shall be as prescribed by the City regulations. A copy of the proposed Ordinance to amend the City Charter is on public disclosure at City Hall and in the Office of the Clerk of the Superior Court of Fayette County for the purpose of examination and inspection by the public. Frances Meaders City Clerk PUBLISHER'S CERTIFICATE STATE OF GEORGIA..... [UNK] ss: COUNTY OF DEKALB..... Personally appeared before the undersigned, a notary public within and for said county and State, Mary L. Crane Co-publisher of THE FAYETTE SUN a newspaper publisher at Decatur

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county of DeKalb State of Georgia who, being duly sworn, states on oath that the report of PUBLIC NOTICE FOR PEACHTREE CITY, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29th day of January, 1987. /s/ Mary L. Crane Co-publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 20th day of February, 1987. /s/ Marjorie G. Price Notary Public Notary Public, Georgia State at Large My Commission Expires January 6, 1989. (SEAL) Filed in the Office of the Secretary of State February 25, 1987.

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CITY OF AUGUSTAPENSION BENEFITS; BENEFICIARIES; DISTRIBUTION UPON DEATH OF EMPLOYEE. ORDINANCE NO. 5404 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF AUGUSTA, GEORGIA LAWS 1978, PAGE 136, AND THE AMENDATORY ACT THEREOF: GEORGIA LAWS 1949, PAGE 1070, SO AS TO SPECIFY CERTAIN RULES FOR THE DISTRIBUTION OF BENEFITS TO AN EMPLOYEE'S SPOUSE OR BENEFICIARY UPON THE EMPLOYEE'S DEATH PRIOR TO RETIREMENT; TO ENABLE AN EMPLOYEE TO CHANGE HIS DESIGNATED BENEFICIARY IN THE EVENT OF THE DEATH OF OR DIVORCE FROM SUCH DESIGNATED BENEFICIARY; AND FOR OTHER PURPOSES. The City Council of Augusta hereby ordains: Section I . The Charter of the City of Augusta is hereby amended pursuant to Official Code of Georgia Annotated, Section 36-35-3(b)(1) in the following particulars, to-wit: (1) Article V, Division 1, Sec. 79 is hereby amended by deleting the second sentence of the first paragraph thereof which provides as follows: In case of the death of a future employee before retirement, or after retirement without having made the election provided in the preceding section, or in the case of the death of the survivor of a member who has made such election and his spouse after his retirement, his contributions to the fund, without interest, less any retirement allowance paid to him or his spouse, shall be paid from the fund on the order of the pension commission to the beneficiary or beneficiaries, if any, named by such member. and substituting in lieu thereof the following: In case of the death of a future employee before retirement, or after retirement without having made the election provided for in the preceding section, or in case of the death

Page 5225

of the survivor of a member who has made such election and his spouse after his retirement, his contributions to the fund, plus interest compounded annually at a rate equal to that average rate of interest earned on investments of the City's pension fund for the twelve (12) month period immediately preceding the date of retirement, less any retirement allowance paid to him or his spouse, shall be paid from the fund on the order of the pension commission to the beneficiary or beneficiaries, if any, named by such member. (2) Article V, Division 1, Sec. 79 is hereby amended by adding a new sentence to be placed at the end of the first paragraph of Section 79 which shall read as follows: Notwithstanding any language of this section to the contrary, in the event of the death of or divorce from the employee's designated beneficiary, the employee may change the beneficiary so designated. Section II . That this ordinance shall be effective upon its being filed with the Secretary of State and with the Clerk of the Superior Court of Richmond County, Georgia, in accordance with Official Code of Georgia Annotated Section 36-35-5. Section III . All ordinances and parts of ordinances in conflict herewith are hereby repealed. DONE IN OPEN COUNCIL under the Common Seal thereof, this the 9 day of March, 1987. /s/ Charles A. DeVaney MAYOR, CITY OF AUGUSTA ATTEST: /s/ Rachel D. Brewer CLERK OF COUNCIL (Seal) PUBLISH: Feb. 12, 19 26, 1987 CERTIFICATE: I, Rachel D. Brewer, Clerk of Council, hereby certify that the above and foregoing is a true and correct copy of Ordinance

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No. 5404 adopted by the City Council of Augusta in meeting on the 9th day of March, 1987. /s/ Rachel D. Brewer CLERK OF COUNCIL PUBLIC NOTICE NOTICE IS HEREBY GIVEN that there shall be introduced before City Council of the City of Augusta, Georgia, on Monday, February 16, 1987, and again on Monday, March 2, 1987, an Ordinance to amend Section 79 of the Charter of the City of Augusta, Georgia, titled Withdrawal of Contributions, so as to specify certain rules for the distribution of pension or retirement benefits to an employee's spouse or beneficiary upon the employee's death prior to retirement; to enable an employee to change his designated beneficiary in the event of the death of or divorce from such designated beneficiary; to repeal conflicting laws; and for other purposes. Copies of the proposed ordinance are on file in the Office of the Clerk of Superior Court of Richmond County, Georgia, and in the Office of the Clerk of City Council of Augusta, Georgia, for the purpose of public inspection and examination. Copies are available upon written request to the Clerk of City Council of Augusta, Georgia. This the 12th day of February, 1987. PAUL H. DUNBAR, III City Attorney Nixon, Yow, Waller Capers 1500 Ga. R. R. Bk. Bldg. Augusta, Ga. 30910 Feb. 12, 19, 26, 1987 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF Richmond Personally appeared before me Matt Reynolds to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county

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under the trade name of The Augusta Herald, a newspaper published in said county; That he/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 he/she has reviewed the regular editions of said newspapers published on Feb. 12, 1987, Feb. 19, 1987, Feb. 26, 1987, and finds that the following advertisement appeared in each of said editions, to wit: /s/ Matt Reynolds (deponent) Sworn to and subscribed before me this 26th day of February, 1987. /s/ Faye A. Waller Notary Public, Columbia County, Georgia Notary Public, Columbia County, Georgia My Commission Expires May 15, 1989 Filed in the Office of the Secretary of State March 23, 1987.

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TOWN OF TYRONEORDINANCES; SIGNATURE OF MAYOR. ORDINANCE NO. 130 AN ORDINANCE TO AMEND ARTICLE III, CHAPTER 1, SECTION 3.103(a)(8) OF THE TOWN CHARTER OF THE TOWN OF TYRONE BY REQUIRING THE MAYOR TO SIGN DULY ENACTED TOWN ORDINANCES; TO REPEAL ALL ORDINANCES IN CONFLICT THEREWITH; AND FOR OTHER PURPOSES WHEREAS, ARTICLE III, Chapter 1, 3.103(a)(8) of the Town Charter of the Town of Tyrone currently requires the Mayor to approve or disapprove duly enacted ordinances of the Town; and WHEREAS, ARTICLE III, Chapter 1, 3.103(a)(8) of the Town Charter of the Town of Tyrone has been determined to be in conflict with ARTICLE III, Chapter 2, 2.207; and WHEREAS, The Mayor and Town Council have determined it to be in the best interest of the citizens of the Town for the two said sections to be consistent; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF TYRONE, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME THAT: Section 1 . ARTICLE III, Chapter 1 3.103(a)(8) of the Town Charter of the Town of Tyrone is hereby amended by deleting the words approve or disapprove, and substituting in lieu thereof the word sign, such that said section shall read as follows: (8) sign ordinances as provided in section 2.207. All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall become effective when all the requirements for Georgia law for its enactment have been met.

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First Reading March 19, 1987 Second Reading March 19, 1987 Adopted this 19 day of March, 1987. /s/ Harold Vansant Harold Vansant, Mayor Attest: /s/ Betty N. Percival Betty N. Percival, Town Clerk LEGAL 249 Notice Of Proposed Amendment To Town Charter Notice is hereby given of a proposed amendment to the charter of the Town of Tyrone, pertaining to the powers and duties of the Mayor in approving and disapproving ordinances, requiring the Mayor to sign duly enacted ordinances. A copy of the proposed amendment is on file in the office of the Town Clerk of Tyrone and in the Office of the Clerk of Superior Court of Fayette County for the purpose of examination and inspection by the public. This 13 day of February, 1987. Harold M. Vansant, Mayor Town of Tyrone Feb. 18, 25, March 4, 1987 AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FAYETTE PERSONALLY appeared before the undersigned Gary Cornwell who on oath says that he is General Manager of FAYETTE

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COUNTY NEWS and that the legal advertisement which appears below was published in said newspaper on the following dates: February 18, 25 and March 4, 1987. /s/ Gary Cornwell General Manager Sworn to and subscribed before me this 13th day of March, 1987. /s/ Helen S. Teague Notary Public Filed in the Office of the Secretary of State March 23, 1987. CITY OF ALBANYMAYOR AND COMMISSIONERS; COMPENSATION. AN ORDINANCE ENTITLED 87-118 AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35, OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO INCREASE THE SALARIES OF THE MAYOR AND COMMISSIONERS OF THE CITY OF ALBANY; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES. [Illegible Text] hereby certify that this is a true and correct copy. [Illegible Text] Pope [Illegible Text] Clerk

Page 5231

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 3 of the Charter of the City of Albany is amended by repealing paragraph (e) of said section entitled Salaries, and ordaining in lieu thereof a new paragraph (e) to read as follows: (e) Salaries. Each member of the Board of Commissioners of the City of Albany, except the Mayor, shall receive a salary of $7,200.00 per annum, payable in monthly installments on the first day of each month. The Mayor of the City of Albany shall receive a salary of $8,200.00 per annum, payable in monthly installments on the first day of each month. SECTION 2 . Pursuant to the provisions of Section 36-35-4 of the Official Code of Georgia Annotated, as amended, this ordinance shall become effective immediately upon the taking of office of those commissioners elected at the next regular municipal election which is held immediately following the date on which this ordinance is finally adopted. SECTION 3 . All ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed. /s/ W.M. Larry Bays MAYOR ATTEST: /s/ Joann Pope CITY CLERK Adopted: March 10, 1987 Adopted: March 24, 1987

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NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Albany so as to increase the salary of the Board of Commissioners, except the Mayor, to $7,200.00 per annum, and to increase the salary of the Mayor to $8,200.00 per annum, to become effective after the taking of office of those elected at the next regular municipal election which is held immediately following the date on which the said Home Rule Ordinance shall be finally adopted, and for other purposes. 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 February 27, March 6, 13, 1987 9926 AFFIDAVIT OF PUBLISHER STATE OF GEORGIA COUNTY OF DOUGHERTY Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county, Barbara C. Jones who, having been sworn, states that (s)he is General Manager for The Albany Herald Publishing Company, Inc., that The Albany Herald Publishing Company, Inc. is the publisher of The Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia are published, and that the legal notice, a copy of which is annexed hereto, was

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published in The Albany Herald once a week for three (3) weeks on the following dates: February 27, March 6 and March 13, 1987. /s/ Barbara C. Jones Sworn to and subscribed before me this 27 day of March, 1987, in the presence of: /s/ Pauline Buckner Notary Public My Commission Expires May 20, 1989. (Seal) Filed in the Office of the Secretary of State April 1, 1987. CITY OF GAINESVILLEMUNICIPAL COURT; FINES AND PENALTIES. HR 87-01 AN ORDINANCE AN ORDINANCE TO AMEND SECTION 7.12 OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA TO INCREASE THE AMOUNT OF FINES AND THE TERM OF IMPRISONMENT IMPOSED BY THE JUDGE OF THE MUNICIPAL COURT OF THE CITY OF GAINESVILLE, GEORGIA AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND OFFICIAL CODE OF GEORGIA ANNOTATED SECTION 36-35-3; TO PROVIDE FOR A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS:

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SECTION I . Section 7.12 of the Charter of the City of Gainesville, Georgia is hereby amended 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 ONE THOUSAND DOLLARS ($1,000.00) AND TO IMPOSE IMPRISONMENT FOR A PERIOD OF NOT MORE THAN SIX (6) MONTHS OR BOTH SUCH FINE AND SUCH IMPRISONMENT. SECTION II . The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and Official Code of Georgia Annotated 36-35-4. SECTION III . This Ordinance shall become effective upon passage thereof by the City Commission. SECTION IV . All Ordinances and parts of ordinances in conflict herewith are hereby repealed. LEGAL NOTICE AN ORDINANCE NO. H.R. 87-01 An Ordinance to amend Section 7.12 of the Charter of the City of Gainesville, Georgia entitled Punishment so as to increase

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the amount of fines and the term of imprisonment imposed by the Judge of the Municipal Court of the City of Gainesville, Georgia as authorized by the Charter of the City of Gainesville, Georgia and Official Code of Georgia Annotated Section 36-35-3; to provide an effective date, to repeal conflicting ordinances, and for other purposes. A copy of the proposed Charter amendment is on file in the office of the Clerk of the City Commission for the City of Gainesville and a copy of the proposed Charter amendment is on file in the office of the Clerk of the Superior Court of Hall County, Georgia. A copy of the proposed Charter amendment shall be furnished by the City Clerk of the City Commission of Gainesville, Georgia upon request. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came Denise Bannester, who, being first duly sworn, according to law, says that he is an agent of The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place of business in said County, and that the attached copy of the notice that Sections 7.12 entitled Punishment of the Charter of the City of Gainesville, Georgia is to be amended to increase the amount of fine and the term of imprisonment imposed by the Judge of the Municipal Court was published once a week for three (3) weeks on the following days: Feb. 19 Feb. 26 March 6 THE TIMES By /s/ Denise Bannester Title: Publisher

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Sworn to and subscribed before me this 5th day of March, 1987. /s/ Mary C. Gibbs Notary Public Notary Public, Hall County, Georgia My Commission Expires Dec. 11, 1989 (SEAL) Filed in the Office of the Secretary of State April 10, 1987. CITY OF EAST POINTCITY DEPARTMENTS; CITY MANAGER. ORDINANCE NO. 941-87 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 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 THAT HOME RULE ORDINANCE ADOPTED MAY 17, 1976 (enrolled in Ga. L. 1977, p. 4620), AND THE SEVERAL ACTS AMENDATORY THEREOF AND PARTICULARLY THAT HOME RULE ORDINANCE ADOPTED NOVEMBER 6, 1978 (enrolled in Ga. L. 1979, p. 4814, 4815) ARE HEREBY FURTHER AMENDED TO PROVIDED THAT NOTHING CONTAINED IN THE CITY CHARTER SHALL PREVENT THE MAYOR AND CITY COUNCIL FROM CREATING, ABOLISHING, CONSOLIDATING, ALTERING, OR MODIFYING DEPARTMENTS WITHIN THE CITY; TO PROVIDE FOR THE CONTROL, DIRECTION AND SUPERVISION OF THE CITY MANAGER BY THE CITY COUNCIL; TO PROMOTE THE

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PUBLIC HEALTH, SAFETY AND GENERAL WELFARE; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, ACTING BY AND THROUGH THE POWERS GRANTED THEM UNDER THE MUNICIPAL HOME RULE ACT OF 1965, AND AS AMENDED, 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. 1965, p. 298, et. seq.) and the several Acts amendatory thereof, and especially that Act approved on March 9, 1972 (Ga. L. 1972, p. 2151, 2195, Section 92), and as further amended particularly by that Home Rule Ordinance adopted on November 6, 1978 (enrolled in Ga. L. 1979, p. 4814, 4815) is hereby further amended by inserting a new and additional subsection (d) to Section 2-101 which shall provide as follows: (d) Nothing contained herein shall prevent the Mayor and City Council from creating, abolishing, consolidating, altering, or modifying departments within the City. SECTION 2. An Act establishing a new Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1965, p. 298, et. seq.) and the several Acts amendatory thereof, and especially that Act approved on March 9, 1972 (Ga. L. 1972, p. 2151, 2195, Section 92), and as further amended particularly by that Home Rule Ordinance adopted on November 6, 1978 (enrolled in Ga. L. 1979, p. 4814, 4815) is hereby further amended by striking the provisions of Section 3-101 in its entirety and inserting in lieu thereof a new Section 3-101, which shall provide as follows: Section 3-101. City Manager Appointment; Qualification; Compensation . The City Council shall select and appoint a City Manager for the City of East Point, who shall, subject to the control,

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direction and supervision of the Mayor and Council, be the head of the administrative branch of the municipal government of the City of East Point and responsible for the efficient administration of all departments of said municipal government. The City Council shall appoint the City Manager by an affirmative vote of a majority of all its members for an indefinite term and fix his compensation. The City Manager shall be appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the City or State at the time of his appointment but may reside outside the City while in office only with the approval of the council. On request he shall be eligible to participate in a pension plan for employees but shall have all of the benefits offered to all other employees of the City. SECTION 3. An Act establishing a new Charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1965, p. 298, et. seq.) and the several Acts amendatory thereof, and especially that Act approved on March 9, 1972 (Ga. L. 1972, p. 2151, 2195, Section 92), and as further amended particularly by that Home Rule Ordinance adopted on November 6, 1978 (enrolled in Ga. L. 1979, p. 4814, 4815) is hereby further amended by striking the provisions of Section 3-104 in its entirety and inserting in lieu thereof a new Section 3-104 which shall provide as follows: Section 3-104. Powers and Duties of City Manager . The City Manager shall be the chief administrative officer of the City. He shall be responsible to the Mayor and Council for the administration of all City affairs placed in his charge by or under this Charter. Subject to the control, direction and supervision of the Mayor and Council, the City Manager shall have the following powers and duties: (1) He shall appoint and, when he deems it necessary for the good of the City, suspend or remove any City employee or employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect

Page 5239

to subordinates in that officers' department, office or agency. (2) He shall direct and supervise the administration of all departments, officers and agencies of the City, except as otherwise provided by this Charter or by law. (3) He shall attend all council meetings and shall have the right to make part in discussion but may not vote. (4) He shall see that all laws, provisions of this Charter and acts of the council subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed. (5) He shall prepare and submit the annual budget and capital programs to the council for their disposition. (6) He shall submit to the council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (7) He shall make such other reports as the council may require concerning the operations of the City departments, offices and agencies subject to his direction and supervision. (8) He shall keep the council fully advised as to the financial condition and future needs of the City and make such recommendations to the council concerning the affairs of the City as he deems desirable. (9) He shall perform such other duties as are specified in this Charter or may be required by the Council. (Ga. L. 1972, p. 2151, Sec. 158 as amended by Ga. L. 1974, p. 2497, Sec. 18). 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

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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. Effective date of this Ordinance shall be the 6 day of April, 1987. SECTION 6. 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 6. All Charter provisions, ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. FIRST READING 3/9/87 SECOND READING 4/6/87 JAE 1/87 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 6 day of April, 1987.

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/s/ W.A. Ponder Walter A. Ponder, Mayor ATTEST: /s/ Evelyne K. Reeves Evelyne K. Reeves, City Clerk CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, Evelyne K. Reeves, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows: I am the City Clerk of the City of East Point, Georgia, and pursuant to my responsibilities as City Clerk and in compliance with the Municipal Home Rule Act of 1965, hereby certify that, with respect to that Municipal Home Rule Ordinance adopted April 6, 1987, I have in a proper and timely fashion transmitted a copy of the said Ordinance and the publication notice for filing with the Clerk of the Superior Court of Fulton County, Georgia, for its inspection by the public, together with maintaining a copy of said Ordinance in the office of the Clerk of the City of East Point for inspection by the public together with providing for publication of the legal notice, a copy of which is attached hereto, and as is further evidenced by an affidavit of the publishers. Furthermore, in execution of this affidavit, I am transmitting herewith a certified copy of Ordinance as adopted by the Mayor and Council of the City of East Point to the Secretary of State of the State of Georgia for enrollment in Georgia Laws as provided in the Municipal Home Rule Act of 1965 as amended. This 9th day of April, 1987. /s/ Evelyne K. Reeves Clerk, City of East Point (Deponent)

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Sworn to and subscribed before me this 9th day of April, 1987. /s/ Jo A. McNorton Notary Public Notary Public, Fulton County, Georgia My Commission Expires Jan. 23, 1990 LEGAL ADVERTISEMENTS NOTICE Pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et. seq.) 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. sew.) and the several acts amendatory thereof including that act approved March 9, 1972 (Ga. L. 1972, p. 2151, et. sew) and that act approved April 9, 1973 (Ga. L. 1973, p. 2577, et sew) and that home rule ordinance adopted May 17, 1976 (enrolled in Ga. L. 1977, p. 4620) and the several acts amendatory thereof and particularly that home rule ordinance adopted November 6, 1978 (enrolled in Ga. L. 1979, p. 4814) are hereby further amended to provide that nothing contained in the city charter shall prevent the mayor and city council from creating, abolishing, consolidating, altering, or modifying departments within the city; to provide for the control, direction and supervision of the city manager by the city council; to promote the public health, safety and general welfare; to provide for compliance with the Municipal Home Rule Act of 1965; to provide for enrollment; to provide for severability; to provide for an effective date; 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 Court House, 138 Pryor Street, S.W. Atlanta, Fulton, County, Georgia; for examination and inspection by the public.

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The City Clerk of said city and the Clerk of the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance. The Ordinance will be considered at first reading at the regular meeting of Mayor and City Council of the City of East Point on Monday, March 16, 1987 and proposed ordinance will be finally adopted at the regularly scheduled meeting of the Mayor and City Council of the City of East Point on Monday, April 6, 1987. Evelyne Reeves, City Clerk 6090,3/5-3/19 PUBLISHER'S CERTIFICATE STATE OF GEORGIA.....[UNK] ss: COUNTY OF FULTON..... Personally appeared before the undersigned, a notary public within and for said county and State, of Georgia, publisher of the Southside Sun a newspaper at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of Home Rule Ordinance Change, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 5, 12 19 day of March, 1987 /s/ Gerald W. Crane Publisher (by) /s/ Tina Green Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths .

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Sworn to and subscribed before me this 20th day of March, 1987. /s/ Rebecca Ann Conaway Notary Public Notary Public, Georgia, State at Large My Commission Expires Jan. 13, 1989. (SEAL) NOTICE Pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et. seq.) 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 that Home Rule ordinance adopted May 17, 1976 (enrolled in Ga. L. 1977, p. 4620) and the several acts amendatory thereof and particularly that Home Rule ordinance adopted November 6, 1978 (enrolled in Ga. L 1979, p. 4814) are hereby further amended to provide that nothing contained in the City charter shall prevent the Mayor and City Council from creating, abolishing, consolidating, altering, or modifying departments within the city; to provide for the control, direction and supervision of the City Manager by the City Council; to promote the Public Health, Safety and General Welfare; to provide for compliance with the Municipal Home Rule Act of 1965; to provide for enrollment; to provide for severability; to provide for an effective date; 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 Court House, 138 Pryor Street S.W. Atlanta, Fulton County. Georgia; for examination and inspection by the public.

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The City Clerk of said city and the Clerk of the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance. The Ordinance will considered at first reading at the regular meeting of Mayor and City Council of the City of East Point on Monday, March 16, 1987 and proposed ordinance will finally adopted at the regularly scheduled meeting of the Mayor and City Council of the City of East Point on Monday, April 6, 1987. EVELYNE K. REEVES City Clerk Mar 6 13 20 1987Req-4 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA,County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Earl Higgins, who, being duly sworn, according to law, says that He is the legal Advertising Manager 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 6, 13, 20th days of MARCH, 1987. As provided by law. /s/ Earl Higgins Subscribed and sworn to before me this 8th day of February, 1988 /s/ Sarah A. Boddie Notary Public, Douglas County, Georgia My Commission Expires April 2, 1991 Filed in the Office of the Secretary of State April 20, 1987.

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CITY OF SAVANNAHASSESSMENTS FOR STREET IMPROVEMENTS; INTEREST RATE. AN ORDINANCE To Be Entitled AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA TO AMEND TITLE 6, CHAPTER 2, STREET IMPROVEMENTS, SUBCHAPTER (b), PROVIDING FOR STREET PAVING UNDER THE 1919 ACT OF THE GENERAL ASSEMBLY, SECTION 6-218 PROVIDING FOR THE INTEREST RATE IF ASSESSMENTS ARE PAID BY INSTALLMENT TO CHANGE AND PROVIDE THE MANNER OF SETTING SAID RATE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED by The Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with O.C.G.A. 36-35-3 that the Charter of the City of Savannah be amended as follows: SECTION 1 : By deleting from Section 6-218 of Title 6, Chapter 2, Street Improvements, subchapter (b) of the 1977 City Code the following: Assessments in conformity to said appraisement and apportionment as confirmed by council shall be payable in ten (10) equal installments and shall bear interest at the rate of twelve (12) percent per annum until paid, payable in each year at such time as the several installments of the assessment are made payable each year. and inserting in lieu thereof the following: Assessments in conformity to said appraisement and apportionment as confirmed by council shall be payable in ten (10) equal installments and shall bear interest at the rate set by the Mayor and Aldermen in the Ordinance levying the assessment until paid, payable in each year at such time as the several installments of the assessment are made payable

Page 5247

each year. The interest rate adopted by the Mayor and Aldermen shall not be less than seven (7) percent per annum nor more than twelve (12) percent per annum. SECTION 2 : All Charter, Code provisions or ordinances in conflict herewith are hereby repealed. ADOPTED AND APPROVED: May 7, 1987 /s/ John P. Rousakis MAYOR ATTEST: /s/ Dyanne C. Reese CLERK OF COUNCIL I, Dyanne C. Reese, Clerk of Council for The Mayor and Aldermen of the City of Savannah, do hereby certify the above ordinance to be a true copy of the ordinance adopted by the Mayor and Aldermen May 7, 1987. /s/ Dyanne C. Reese Dyanne C. Reese, Clerk of Council City of Savannah, Georgia Signed and Sealed May 15, 1987 I, L. Lynne Allen, Assistant Clerk of Council for the Mayor and Aldermen of the City of Savannah, Georgia, do hereby certify that two ordinances to amend the Charter of the Mayor and Aldermen of the City of Savannah were adopted and approved in Council with the first reading on April 23, 1987 and the second reading on May 7, 1987. The ordinances quoted in caption form are as follows: AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA TO AMEND TITLE 6, CHAPTER 2, STREET IMPROVEMENTS, SUBCHAPTER (b), PROVIDING FOR

Page 5248

STREET PAVING UNDER THE 1919 ACT OF THE GENERAL ASSEMBLY, SECTION 6-218 PROVIDING FOR THE INTEREST RATE IF ASSESSMENTS ARE PAID BY INSTALLMENT TO CHANGE AND PROVIDE THE MANNER OF SETTLING SAID RATE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA, TO AMEND AND RESTATE THE PENSION PLAN ADOPTED AND APPROVED JUNE 8, 1972, AS AMENDED, AND CODIFIED AS ARTICLE 3, CHAPTER 4, OF THE 1977 CITY CODE, APPENDIX IV, AS AMENDED, TO PROVIDE DEFINITIONS FOR TERMS USED IN THE PLAN; TO PROVIDE THAT NO MORE THAN 40 YEARS OF CREDITED SERVICE BE USED UNDER THE PLAN; TO PROVIDE FOR VESTING AFTER 5 YEARS OF CREDITED SERVICE; TO PROVIDE FOR EARLY RETIREMENT AFTER 25 YEARS OR MORE OF CREDITED SERVICE AT AGE 57: TO PROVIDE FOR OPTIONAL FORMS OF BENEFIT PAYMENTS: TO INCORPORATE ALL AMENDMENTS AND RESTATE THE PLAN; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. /s/ L. Lynne Allen L. Lynne Allen Assistant Clerk of Clerk Signed and Sealed: May 22, 1987 Affidavit of Publication Savannah Morning News STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ASSISTANT GENERAL MANAGER of Southeastern Newspapers Corporation, a Georgia corporation, doing

Page 5249

business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Apr 4, 1987, Apr 11, 1987, Apr 18, 1987, and finds that the following Advertisement, to wit: 87-177-0115-220 SPECIAL NOTICE Notice is hereby given that The Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to amend Title 6, Chapter 2, Street Improvements, of the 1977 City Code providing for Assessment, the levy of assessments and the issuance of bonds for street paving to provide for the interest rate thereon. The Amendment will be considered at the meeting of Council April 23, 1987, to be held at 2:00 P.M. In Council Chambers at City Hall and further considered for final adoption at the next regular meeting on May 7, 1987. 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. DYANNE C. REESE CLERK OF COUNCIL CITY OF SAVANNAH Apr. 4,11,18 N appeared in each of said editions.

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/s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 30 day of Apr, 1987. /s/ Lillie D. Lang Notary Public, Chatham County, Georgia LILLIE D. LANG Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 Filed in the Office of the Secretary of State May 18, 1987. CITY OF SAVANNAHEMPLOYEES' RETIREMENT PLAN. AN ORDINANCE TO BE ENTITLED AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA, TO AMEND AND RESTATE THE PENSION PLAN ADOPTED AND APPROVED JUNE 8, 1972, AS AMENDED, AND CODIFIED AS ARTICLE 3, CHAPTER 4, OF THE 1977 CITY CODE, APPENDIX IV, AS AMENDED, TO PROVIDE DEFINITIONS FOR TERMS USED IN THE PLAN; TO PROVIDE THAT NO MORE THAN 40 YEARS OF CREDITED SERVICE BE USED UNDER THE PLAN; TO PROVIDE FOR VESTING AFTER 5 YEARS OF CREDITED SERVICE; TO PROVIDE FOR RETIREMENT OF A GENERAL EMPLOYEE AT AGE 62 AFTER 5 YEARS OF CREDITED SERVICE; TO PROVIDE FOR EARLY RETIREMENT AFTER 25 YEARS OR MORE OF CREDITED SERVICE AT AGE 57; TO PROVIDE FOR OPTIONAL FORMS OF BENEFIT PAYMENTS; TO INCORPORATE ALL AMENDMENTS AND RESTATE THE PLAN;

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TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED by The Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with O.C.G.A. 36-35-3 that the Charter of the City of Savannah be amended to amend and restate the Pension Plan adopted and approved June 8, 1972, as amended and codified as Appendix IV to Article 3, Chapter 4 of the 1977 City Code, to provide definitions for terms used in the Plan; to provide that no more than 40 years of credited service be used under the Plan; to provide for vesting after 5 years of credited service; to provide for retirement of a general employee at age 62 after 5 years of credited service; to provide for early retirement after 25 years or more of credited service at age 57; to provide for optional forms of benefit payments and to incorporate all amendments and restate the plan as a new Appendix IV to Article 3, Chapter 4, as follows: SECTION 1 : That Appendix IV, to Article 3, Chapter 4, Section 4-301 of the Code of the City of Savannah (1977) City of Savannah Employees' Retirement Plan be amended by striking therefrom said Appendix IV in its entirety and inserting in lieu thereof a new Appendix IV City of Savannah Employees' Retirement Plan as the restated Pension Plan effective as of January 1, 1987, as follows: SEE ATTACHED BOOKLET ENTITLED CITY OF SAVANNAH EMPLOYEES' RETIREMENT PLAN SECTION 2 : All Charter, Code provisions, Ordinances and Laws not in conflict with said amended Appendix IV are re-adopted and continue in full force and effect, but where in conflict are hereby repealed. ADOPTED AND APPROVED: May 7, 1987 /s/ John P. Rousakis MAYOR

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ATTEST: /s/ Dyanne C. Reese CLERK OF COUNCIL I, Dyanne C. Reese, Clerk of Council for The Mayor and Aldermen of the City of Savannah, do hereby certify the above ordinance to be a true copy of the ordinance adopted by the Mayor and Aldermen May 7, 1987. /s/ Dyanne C. Reese Dyanne C. Reese, Clerk of Council City of Savannah, Georgia Signed and Sealed May 15, 1987 CITY OF SAVANNAH EMPLOYEES' RETIREMENT PLAN Restated and amended in its entirety as of January 1, 1987 Original effective date: July 1, 1972 TABLE OF CONTENTS Page Article I Establishment of Plan 1 Article II Definitions 2 Article III Administration of Plan 6 Article IV Eligibility to Participate 10 Article V Employee Contributions 16 Article VI Benefits 17 Article VII Amendment and Duration of the Plan 49 Article VIII Non-Alienation of Benefits 50 Article IX Termination of the Plan 51 Article X Transition Provisions 55 Article XI Option Factors 56

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ARTICLE I ESTABLISHMENT OF PLAN The CITY OF SAVANNAH EMPLOYEES' RETIREMENT PLAN (hereinafter referred to as the Plan) was adopted June 8, 1972, effective July 1, 1972, for the primary purpose of providing retirement and disability income security to the employees of the City who are, or shall be, covered hereunder. The Plan, as amended, is further amended and restated to be effective as of January 1, 1987, with all amendments and Plan changes incorporated herein. The Plan, as originally adopted and amended, remains in full force and effect except and to the extent in conflict herewith. ARTICLE II DEFINITIONS A. The following words or phrases, when capitalized and used in this Plan document, shall have the meanings as set forth in this Article as follows: 1. City shall mean City of Savannah, Georgia, the Mayor and Aldermen of the City of Savannah, Georgia. 2. General Employee shall mean any person who on or after January 1, 1972 is employed by the City as a Full-Time Employee in a job other than as a law enforcement officer or as a firefighter. A General Employee, who was covered under the original City of Savannah Retirement Plan and who elected not to become a Participant in the Supplemental Retirement Plan, shall not be considered as an Employee for the purposes of this Plan. 3. Police or Fire Employee shall mean any person who, on or after the Effective Date of this Plan, is employed by the City as a Full-Time Employee and as a law enforcement officer or firefighter.

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4. Full-Time Employee shall mean an employee who is normally scheduled to work 20 hours per week or more for a period of 5 months or more per year. 5. Plan shall mean the City of Savannah Employees' Retirement Plan. 6. Participant shall mean an employee who becomes eligible for participation in the Plan in accordance with the provisions set forth in Article IV hereof, including the provisions in that Article and in Article V which require contributions by the employee. Participant shall also include former employees who are eligible for and are receiving benefits under this plan. An individual shall cease to be a Participant if he or she incurs a break-in-service prior to becoming vested hereunder. In addition, an individual who is receiving benefits from this plan shall cease to be a Participant when he or she ceases receiving said benefits in accordance with the provisions of the Plan which define for what periods benefits are to be paid. 7. Effective Date shall mean the Effective Date of the Plan which is July 1, 1972. 8. Anniversary Date shall mean July 1, 1973 and each July 1 thereafter. 9. Continuous Service shall mean the sum of the years and months of uninterrupted service that a Full-Time Employee shall have been employed by the City from his or her most recent date of employment. 10. Credited Service shall mean a Participant's total service from date of employment or appointment, including both past service credit, if any, and future service credit, as these terms are defined in Article IV. Future service credit must be Continuous Service. 11. Basic Monthly Earnings or Basic Annual Earnings shall mean basic monthly or annual compensation, exclusive of overtime pay.

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12. Final Average Earnings shall mean the average of the 5 consecutive years of highest Basic Annual Earnings after the Effective Date of this Plan in the 10 years immediately preceding retirement. If any benefit otherwise payable under this Plan becomes payable before the employee has been employed by the City for 5 years, the computation of Final Average Earnings will be based on the employee's Basic Annual Earnings or Basic Monthly Earnings for the period of time the employee has been employed by the City. 13. Retirement Board and Board shall mean the Retirement Board as provided in Article III hereof. 14. Beneficiary shall mean an individual designated to receive benefits in accordance with the provisions of the Plan which provide for such benefits to be paid to a designated Beneficiary. A Beneficiary shall be designated as provided in Article VI hereof. 15. Occupational Disability shall mean Total and Permanent Disability which results from an accident or sickness which was sustained in the course of employment. 16. Non-occupational Disability shall mean Total and Permanent Disability which results from an accident or sickness which was not sustained in the course of employment. 17. Total and Permanent Disability shall mean a disability, the medical prognosis of which is that it shall be both total and permanent and which thereby prevents an employee from engaging in his or her duties as an employee of the City. 18. Fund or Retirement Fund shall mean the combined assets held to provide for the benefits of this Plan. B. Words in this document written in the singular shall include the plural, words written in the plural shall include the singular, words written in the masculine gender shall include the feminine gender, and words written in the feminine gender shall include the masculine gender, unless the context

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shall clearly and absolutely indicate a restrictive meaning. ARTICLE III ADMINISTRATION OF PLAN A. Retirement Board The Plan shall be administered by a Retirement Board consisting of eight members as follows: 1. The City Manager 2. The Chief Financial Officer of the City 3. A Police Employee selected by the Police Employees. 4. A Fire Employee selected by the Fire Employees. 5. A General Employee selected by the General Employees. 6. A member of the City Council selected by the City Council. 7. Two citizens at large selected by the Mayor and Aldermen. The City Manager and the Chief Financial Officer of the City shall serve as permanent members of the Board. The City Council member shall serve during the member's term of office. The other members shall serve a four year term. The Board shall have such powers as are necessary for the proper administration of the Plan including, but not limited to, the following: 1. To prescribe procedures to be followed by Participants in filing applications for benefits and for the furnishing of evidence necessary to establish employees' rights to such benefits;

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2. To make determinations as to the rights of any Participant applying for or receiving retirement benefits, and to afford any such individual dissatisfied with any such determination the right of a hearing thereon; 3. To develop procedures for the establishment of Credited Service of Participants and, after affording Participants an opportunity to make objection with respect thereto, to establish such service conclusively in advance of retirement; 4. To select a Plan consultant and actuary; 5. To receive periodic (not more often than once a year) actuarial valuations of the Plan; 6. To establish a statement of investment policy of the investment of Plan assets; 7. To select funding media for the Plan's assets, to select an investment advisor, to delegate the responsibility for investment of fund assets to a bank, an insurance company or an investment advisor or to select any combination of these funding media and/or investment facilities and services. 8. To select an investment evaluation advisor whose duties may include providing periodic evaluation of investment advisor performance; providing advice on the Plan's investment policy, guidelines, goals and asset allocation; providing assistance for investment advisor searches, when called upon to do so. 9. To obtain from the City, from the institution(s) used as the funding media of the Plan, from the Plan's investment advisor(s), from the Plan consultants and actuaries, and from Participants such information as shall be necessary for the proper administration of the Plan. To the extent that sound actuarial and accounting principles permit, the Board may coordinate its activities in the administration

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of the Plan with the administrative activities of the governing board or boards of any other retirement plan or group insurance plan established or to be established for employees of the City of Savannah or the employees of any other political subdivision, to the extent permitted by law, to such extent and upon such terms as may be deemed necessary or desirable by the Board, including but not limited to the use of common offices, personnel, professional advisors, records, beneficiary designations, notices, supplies and equipment. The Board will meet as often as is necessary to conduct the business of the Board but not less often than quarterly. To constitute a quorum for the transaction of business, there shall be required to be present at any meeting of the Board at least a majority of the members of the Board. Decisions of the Board shall be by a majority of the votes cast and shall be binding. B. Retirement Administrator The City Manager will appoint a Retirement Administrator whose duties will be to maintain an office for implementation of procedures, policies and decisions set forth by the Board. C. Retirement Fund The Mayor and Aldermen shall create a Retirement Fund and shall contribute to this Fund monthly. Employees will make regular contributions to the Retirement Fund. The amount of each employee's contribution shall be three percent (3%) of the employee's Basic Monthly Earnings. The City's annual contribution will be that amount necessary, in addition to the employees' contributions, to fund and to provide the benefits stipulated herein on an actuarially sound basis, and to meet legally required minimum standards as may be mandated by laws having jurisdiction over the Plan. D. Evaluation of Investment Performance From time to time, but no less often than annually, the Retirement Board will evaluate the performance of the incumbent investment advisor or advisors and the investment institution or institutions and determine whether or not to retain the services of the investment advisor(s) or institution(s)

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or to secure the services of a different investment advisor(s) or institution(s). ARTICLE IV ELIGIBILITY TO PARTICIPATE A. Current Employees Each Full-Time Employee of the City, as defined in Article II hereof, except for those Police or Fire Employees who had completed 1 or more years of Credited Service on the Effective Date, shall participate in the Plan and shall make contributions hereto, as required in Article V hereof. Those Police or Fire Employees who had completed 1 or more years of Credited Service on the Effective Date shall also participate hereunder, unless they had made an irrevocable election in writing no later than 10 days after the Effective Date of the Plan not to participate, in which event they shall continue to participate in the retirement plan under which they were covered prior to the Effective Date of this Plan. Any Police or Fire Employees making such an irrevocable election shall not be eligible to participate in this Plan. B. New Employees All Full-Time Employees who shall become employed with the City subsequent to the Effective Date shall participate in the Plan on the first day of the month following their date of employment and shall make contributions to the Plan as required in Article V hereof as a condition of employment. C. Absence on Initial Eligibility Date Anything herein to the contrary notwithstanding, any employee who, on the date he becomes eligible to participate hereunder, is absent from work because of an accident or sickness sustained in the course of employment with the City with respect to which he or she receives Workers' Compensation benefits and/or is on an authorized leave of absence shall be allowed to become a Participant hereunder upon return to full-time employment with the City without regard to the date thereof. Further, any employee of the

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City who shall at any time have met the service requirements of Article IV but shall, prior to being offered the opportunity to participate hereunder, have interrupted his or her service with the City for the purpose of serving a term of active duty in the Armed Forces of the United States, shall be allowed to become a Participant hereunder without regard to the date thereof, upon returning to employment with the City within 3 months of the time the employee first becomes eligible for discharge from said Armed Forces. D. Crediting of Service 1. Past Service Each employee of the City on the Effective Date who becomes a Participant as of the Effective Date shall receive past service credit for service with the City of Savannah, Chatham County or any joint agency of the City of Savannah and Chatham County. Such past service credit shall be equal to the number of years and months of the employee's full-time service with the City of Savannah, Chatham County or any joint agency of the City of Savannah and Chatham County prior to the Effective Date. Such credit shall apply only to those employees of the City on the Effective Date. After the Effective Date, any new employee of the City who transfers from service with Chatham County or from service with a joint agency of the City of Savannah and Chatham County shall receive past service credit for service with these agencies only if such agencies had retirement plans equivalent to the Retirement Plan of the City of Savannah, and only if such employee was under such retirement plans at the time he or she terminated with such agencies, and had not withdrawn any contributions he or she had made to such plans, and provided such agencies agree to transfer to the City Retirement Plan any assets accrued on behalf of the employee. 2. Future Service Commencing with the Effective Date, a Participant shall receive future service credit equal to the number

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of years and months of his or her continuous participation in the Plan. No future service credits will be given for any period of time during which a Participant shall fail for any reason to make contributions to the Plan. 3. Break in Service An interruption of continuous full-time service with the City of more than 3 months shall constitute a break-in-service whereby a Participant shall lose his Credited Service hereunder, except (a) An employee who is absent from work because of an accident or sickness sustained in the course of employment with the City with respect to which he or she receives Workers' Compensation benefits shall not be considered to have had a break-in-service. (b) An employee who interrupts his or her service with the City for the purpose of serving a term of active duty in the Armed Forces of the United States and who returns to employment with the City within 3 months of the time he or she first becomes eligible for discharge from said Armed Forces shall not be considered to have had a break-in-service, and (c) An employee who is on an authorized leave of absence with or without pay not to exceed 11 months shall not be considered to have had a break-in-service. 4. Credited Service During a Period of Interrupted Service With respect to an employee who is absent from work because of an accident or sickness sustained in the course of employment with the City with respect to which he or she received Workers' Compensation benefits and with respect to an employee on an authorized leave of absence with pay, Credited Service under this Plan shall be given to said employee during such period as though he or she continued in employment without

Page 5262

said interruption of service, provided however that no Credited Service shall be granted for any period during which said employee is receiving retirement benefits hereunder. Except with respect to the foregoing, no Credited Service shall be granted for any period for interrupted service. 5. Reinstatement of Credited Service In the event an employee shall have an interruption of continuous service which shall constitute a break-in-service and in the event he or she shall be re-employed by the City as a Full-Time Employee within 4 years of the date of termination of employment with the City, said employee may have his or her Credited Service hereunder reinstated by reimbursing the Retirement Fund in an amount equal to the contributions he or she had made to the Fund plus interest to the date of his termination of employment (if said contributions plus interest were paid to him or her upon termination of employment) plus interest thereon from his date of termination of employment to the date of repayment of contributions plus past interest, compounded at the rate of interest realized by the Fund for the period during which he or she was not a Participant hereunder and the additional period that elapses until what is owed is paid. In no event will the employee ever repay less than the contributions he or she had made to the Fund prior to his or her break-in-service. The amount owed in order to reinstate Credited Service shall be paid by the employee within 12 months of becoming re-employed by the City. Failure by the employee to comply with this requirement shall cause the Board to reject the employee's repayment and the employee's Credited Service shall not be reinstated. The Board may, in its sole discretion, extend this time limit for good cause. 6. In computing a Participant's total Credited Service hereunder, periods of less than a full year shall be calculated as the appropriate fractional part of a 12 month period.

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7. No more than 40 years of Credited Service shall be used for computing any of the benefits payable under this Plan. ARTICLE V EMPLOYEE CONTRIBUTIONS An employee shall contribute to the cost of the Plan an amount equal to three percent (3%) of his or her Basic Monthly Earnings, said contribution commencing with the month in which the employee first becomes eligible to participate in the Plan and continuing so long as he or she shall remain a Participant thereunder and employed by the City. ARTICLE VI BENEFITS A. Police or Fire Employees 1. Retirement Date The Retirement Date for a Participant who is a Police or Fire Employee shall be the first day of the month coincident with or next following the date the Participant attains the age of 60 and the completion of 5 or more years of Credited Service, provided however that after the completion of 25 or more years of Credited Service, a Participant who is a Police or Fire Employee may retire on the first day of any month following the attainment of age 55. 2. Retirement Benefit (a) Benefit Upon Retirement at Age 60 (Requires at least 5 years of Credited Service) The Participant upon retirement at age 60 with 5 or more years of Credited Service shall receive an annual benefit equal to (1) 2% of Final Average Earnings for each of the first 25 years of Credited Service, plus

Page 5264

(2) 1% of Final Average Earnings for each year in excess of 25 years of Credited Service. (3) The sum of Credited Service in (1) and (2) above shall not exceed 40 years of Credited Service. (b) Benefit Upon Retirement Prior to Age 60 (Requires at least 25 years of Credited Service) The Participant upon retirement subsequent to the attainment of age 55 and prior to the attainment of age 60, and with 25 or more years of Credited Service, shall receive an annual benefit equal to (1) 2% of Final Average Earnings for each of the first 16 years of Credited Service, plus (2) 1% of Final Average Earnings for each year of Credited Service in excess of 16 years but prior to the attainment of age 55, plus (3) 2.8% of Final Average Earnings for each year of Credited Service subsequent to the attainment of age 55 and prior to the attainment of age 60. (4) The sum of Credited Service in (1), (2) and (3) above shall not exceed 40 years of Credited Service. B. General Employees 1. Retirement Date The Retirement Date for a Participant who is a General Employee shall be the first day of the month coincident with or the next following the date the Participant attains the age of 62 and the completion of 5 or more years of Credited Service, provided however that, after the completion of 25 or more years of Credited

Page 5265

Service, a Participant who is a General Employee may retire on the first day of any month following the attainment of age 57. 2. Retirement Benefit (a) Benefit Upon Retirement at Age 62 (Requires at least 5 years of Credited Service) The Participant upon retirement age 62 with 5 or more years of Credited Service shall receive an annual benefit equal to (1) 2% of Final Average Earnings for each of the first 25 years of Credited Service, plus (2) 1% of Final Average Earnings for each year in excess of 25 years of credited service. (3) The sum or Credited Service in (1) and (2) above shall not exceed 40 years of Credited Service. (b) Benefit Upon Retirement Prior to Age 62 (Requires at least 25 years of Credited Service; see Subsection 3 for an Alternative Retirement Date available for between 10 and 25 years of Credited Service) The Participant upon retirement subsequent to the attainment of age 57 and prior to the attainment of age 62, and with 25 or more years of Credited Service, shall receive an annual benefit equal to (1) 2% of Final Average Earnings for each of the first 16 years of Credited Service, plus (2) 1% of Final Average Earnings for each year of Credited Service in excess of 16 years but prior to the attainment of age 57, plus

Page 5266

(3) 2.8% of Final Average Earnings for each year of Credited Service subsequent to the attainment of age 57 and prior to the attainment of age 62. (4) The sum of Credited Service in (1), (2) and (3) above shall not exceed 40 years of Credited Service. 3. Anything herein to the contrary notwithstanding, with respect to those General Employees who were excluded herefrom under Article II, Section 2, there shall be provided retirement benefits therefor as set forth in this Article VI for each such employee who shall agree to contribute to the Pension Reserve Fund in accordance with Article V, hereof, such contribution commencing July 1, 1972. Such Employee shall comply with all age and service requirements of this Plan in order to obtain the benefits set forth herein. 4. Alternative Retirement Date for General Employees (a) Alternative Retirement Date at Age 57 (Requires at least 10 years of Credited Service) An Alternative Retirement Date for a Participant who is a General Employee shall be the first day of any month following the attainment of age 57 and completion of at least 10 years of Credited Service, but no more than 40 years of Credited Service. (b) Alternative Retirement Benefit A Participant who is a General Employee, upon retirement on his or her Alternative Retirement Date, shall receive an immediate monthly retirement benefit, under which payment shall commence on the Alternative Retirement Date of the Participant and shall be payable on the first day of each month thereafter during the lifetime of the Participant. The benefit for alternative retirement

Page 5267

shall be computed in the same manner as specified in Section B2(b) of this Article but shall be reduced by five-tenths of one percent (.5 of 1%) for each month by which the Participant's Alternative Retirement Date precedes his or her age 62. C. All Employees The following benefits apply to both General Employees and Police or Fire Employees. 1. Employees Over Retirement Age on Effective Date With respect to each Police or Fire Employee who was over age 60 or each General Employee who was over age 65 on the Effective Date of the Plan, the years of Credited Service hereunder shall be the total of said employee's years of service with the City. 2. Delayed Retirement (a) Delayed Retirement Date A General Employee of the City may remain in the active employ of the City beyond the normal retirement age of 62, provided however that the City Manager may require, at my time, such employee to obtain a medical examination certifying medical fitness to perform the duties of the position he or she holds. Credited Service shall continue to accure beyond age 62 provided that total accrued Credited Service shall not exceed 40 years. A General Employee electing to remain in the City's employ after age 62 shall not be eligible to receive a Non-occupational Disability Benefit, as provided in this Article, but, on incurring such disability, shall be eligible to receive the retirement benefits of this Plan which are not related to disability.

Page 5268

The provision herein, which permits the City Manager to require a medical examination certifying fitness for continued employment, shall not apply to a Participant serving in an elective office or by election or appointment of the Mayor and Aldermen. Credited Service shall continue to accrue for these employees so long as such Participant serves in said office, provided that total accrued Credited Service shall not exceed 40 years. 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 60 for Police or Fire Employees, at the discretion of the City Manager. Credited Service shall continue to accrue beyond age 60, provided that total accrued Credited Service shall not exceed 40 years. (b) Delayed Retirement Benefit The Participant who is a General Employee, upon retirement on his or her Delayed Retirement Date, shall receive a monthly retirement benefit which shall be an amount computed and payable in the same manner as a normal retirement benefit as specified Section B of this Article with respect to General Employees, but based on the Participant's Final Average Earnings and Credited Service as of his or her Delayed Retirement Date, provided that total accrued Credited Service shall not exceed 40 years. The Participant who is a Police Chief or Fire Chief, upon retirement on his or her Delayed Retirement Date, shall receive a monthly retirement benefit which shall be computed and payable in the same manner as a normal retirement benefit as specified in Section A of this Article with respect to Police or Fire Employees, but based on the Participant's Final Average Earnings and Credited Service as of his or her Delayed

Page 5269

Retirement Date, provided that total accrued Credited Service shall not exceed 40 years. 3. Occupational Disability Benefit (a) Participant's Benefit (1) In the event a Participant shall incur a Total and Permanent Disability as a result of accident or sickness sustained in the performance of his duties as an employee, he or she may retire on an Occupational Disability benefit, without regard to his or her years of Credited Service, the benefits for which shall begin on the first day of the month following 90 days after such disability commenced. (2) When an application for an Occupational Disability benefit has been filed, the applicant shall submit therewith a signed certificate from a practicing physician, licensed in the state of Georgia, certifying to the disability of such applicant for a benefit. Immediately thereupon, the Retirement Board shall order the applicant to be examined by a physician named by the Board who likewise shall certify the physical ability or disability of the applicant. The Retirement Board may conduct a hearing for the purpose of determining whether benefits hereunder are due the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application, such witnesses to be sworn. The applicant and Retirement Board may each be represented by legal counsel if each so desires. Copies of documents may be received as evidence in lieu of the original, at the discretion of the Board, and affidavits shall be filed with the Board at the time of the hearing. The decision of the Board shall

Page 5270

be final as to whether benefits hereunder are due the applicant. The Retirement Board shall have the right at intervals of not less than one year to require an examination of all Participants receiving Occupational Disability benefits under the provisions of this Plan. In the event any such Participant receiving an Occupational Disability benefit shall be found, as a result of such examination, to no longer qualify as having a Total and Permanent Disability, the Retirement Board may, after hearing evidence thereon and providing an opportunity to such Participant to be heard, remove such Participant from the list of those entitled to an Occupational Disability benefit. It shall be prerequisite to such removal from said list that such Participant shall be tendered a position with the City having the same or equal pay of that position which such Participant held at the time the Occupational Disability benefit was granted. Provided, however, that in the event such Participant receiving an Occupational Disability benefit refuses to submit to a physical examination after 30 days notice to report for such examination, the Retirement Board shall withhold payments of his or her benefits until he or she submits to such examination and the Participant shall be deemed to have forfeited his or her benefits during the time of his or her refusal to submit to a physical examination. Anything herein to the contrary notwithstanding, the Board shall have the right to accept a certificate of disability award by the Social Security Administration as conclusive poof of the Total and Permanent Disability of a Participant in lieu of any and all other evidence herein required. (3) The Participant's application for the benefits provided herein shall be filed with the Board

Page 5271

within 24 months of the commencement of the Participant's disability. Failure by the Participant to comply with this provision shall be cause for the Board to reject the Participant's claim for benefits hereunder. The Board may make an exception to this filing requirement when the Board, in its sole discretion, deems such exception to be appropriate. (4) A Participant qualifying for an Occupational Disability benefit shall receive a benefit which shall be equal to: i. in the case of a Police or Fire Employee, the benefit he or she would have received if, on the date of his disability retirement, he or she were age 60 and had completed 25 or more years of Credited Service. ii. in the case of a General Employee, the benefit he or she would have r[UNK]eceived if, on the date of his or her disability retirement, he or she were age 62 and had completed 25 or more years of Credited Service. (5) The benefit shall be payable on the Participant's Disability Retirement Date, which shall be the first day of the month coincident with or next following 90 days of the commencement of such disability and each month thereafter during the continuation of the Participant's Total and Permanant Disability. If the Participant has met the age and service requirements for the retirement benefit prior to age 60, in the case of a Police or Fire Employee as specified in Section A2(b) of this Article, or for the retirement benefit prior to age 62, in the case of a General Employee as specified in Section

Page 5272

B2(b) of this Article, he or she may elect to receive his or her Occupational Disability benefit in any form determined in accordance with Section C7(b) of this Article. (b) Survivor Benefit (1) If an employed Participant or if a Participant receiving an Occupational Disability benefit should die as a result of an accident or sickness incurred in the performance of his or her duties as an employee of the City, there shall be payable to the Participant's spouse a monthly survivor benefit commencing with the first day of the month following the date of said Participant's death. (2) The amount of the benefit payable to the employed Participant's surviving spouse hereunder shall be equal to the benefit which the Participant would have received had he retired with an Occupational Disability benefit on the day preceding his death. Similarly, the survivor of a Participant who was receiving an Occupational Disability benefit at the time of death shall receive a monthly benefit equal to the monthly Occupational Disability benefit said Participant was receiving. 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: (i) the remarriage of the surviving spouse; or (ii) in the event of the death of the surviving spouse who is receiving a monthly

Page 5273

survivor benefit at the time of the spouse's death, said monthly survivor benefit shall continue until the death, marriage or the attainment of age 18 of the last surviving child, whichever shall first occur; or (iii) in the event the Participant is not survived by a spouse but survived by only a child or children less than 18 years of age, said monthly survivor benefit shall continue until the death, marriage or the attainment of age 18 of the last surviving child, whichever shall first occur; provided, however, that no less than a total of 60 payments will be made to the Participant and all survivors combined, in the order and according to the provisions set forth herein. If all survivors set forth herein have become ineligible or cease to exist and fewer than a total of 60 payments have been made to the Participant and all survivors combined, the remaining available payments shall be paid to the Beneficiary named by the last survivor as specified in Section C8 of this Article. 4. Non-occupational Disability Benefit (a) Participant's Benefit (1) In the event a Participant, while still in the employment of the City, shall incur a Total and Permanent Disability as a result of a non-occupational accident or sickness after completing 5 or more years of Credited Service, he may retire on a Non-occupational Disability benefit, the benefits for which shall begin on the Participant's Disability Retirement Date, which shall be the

Page 5274

first day of the month coincident with or next following 90 days after such disability commenced. (2) Whenever an application for a Non-occupational Disability benefit has been filed, the applicant shall submit therewith a signed certificate from a practicing physician, licensed in the State of Georgia, certifying the disability of such applicant for a benefit. Immediately thereupon, the Retirement Board shall order the applicant to be examined by a physician named by the Board who likewise shall certify the physical ability or disability of the applicant. The Retirement Board may conduct a hearing for the purpose of determining whether benefits hereunder are due the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application, such witnesses to be sworn. The applicant and Retirement Board may each be represented by legal counsel if each so desires. Copies of documents may be received as evidence in lieu of the original, at the discretion of the Board, and affidavits shall be filed with the Board at the time of the hearing. The decision of the Board shall be final as to whether benefits hereunder are due the applicant. The Retirement Board shall have the right at intervals of not less than one year to require an examination of all Participants receiving Non-occupational Disability benefits under the provision of this Plan. In the event any such Participant receiving a Non-occupational Disability benefit shall be found, as a result of such examination to no longer qualify as having a Total and Permanent Disability, the Retirement Board may, after hearing evidence thereon and providing an opportunity to such Participant to be heard, remove such Participant from the list of those entitled to a Nonoccupational Disability benefit. It shall be prerequisite to such removal from said list that such Participant shall be tendered a position with the

Page 5275

City having the same or equal pay of that position which such Participant held at the time the Non-occupational Disability benefit was granted. Provided, however, that in the event such Participant receiving a Non-occupational Disability benefit refuses to submit to a physical examination after 30 days notice to report for such examination, the Retirement Board shall withhold payment of his or her benefits until he or she submits to such examination and the Participant shall be deemed to have forfeited his or her benefits during the time of his or her refusal to submit to a physical examination. Anything herein to the contrary notwithstanding, the Board shall have the right to accept a certificate of disability award by the Social Security Administration as conclusive proof of the Total and Permanent Disability of a Participant in lieu of any and all other evidence herein required. (3) The Participant's application for the benefits provided herein shall be filed with the Board within 24 months of the commencement of the Participant's disability. Failure by the Participant to comply with this provision shall be cause for the Board to reject the Participant's claim for benefits hereunder. The Board may make an exception to this filing requirement when the Board, in its sole discretion, deems such exception to be appropriate. (4) Disability Benefit The monthly Non-occupational Disability benefit granted a Participant shall commence on his or her Disability Retirement Date and shall be payable on the first day of each month thereafter during the continuation of the Participant's Total and Permanent Disability. The amount of each monthly Non-occupational Disability benefit shall be based upon the Participant's years of

Page 5276

Credited Service, not to exceed 40 years of Credited Service, and shall be determined as specified in Section A2(a) of this Article for Police or Fire Employees and as specified in Section B2(a) of this Article for General Employees, whichever is appropriate, without regard to the Participant's age. Once the Participant has met the age and service requirements for the retirement benefit at age 60 for Police or Fire Employees as specified in Section A2(a) of this Article or the retirement benefit at age 62 for General Employees as specified in Section B2(a) of this Article, whichever is appropriate, the Participant may elect to change his or her Non-occupational Disability benefit to any one of the forms of benefit specified in Section C7(b)(2) of this Article. (b) Survivor Benefit (1) If a Participant receiving a Non-occupational Disability benefit should die before reaching normal retirement age, there shall be payable to the Participant's surviving spouse a monthly survivor benefit. The amount of benefit payable to the Participant's surviving spouse shall depend on the option elected by said spouse after the Participant's death. Said surviving spouse shall choose 1 of the following 2 options: (i) A benefit equal to the monthly benefit the Participant would have received had the Participant retired no earlier than the earliest date he or she could have retired under this Plan, said benefit to be guaranteed payable for 60 monthly payments. In the event the surviving spouse dies prior to receiving 60 monthly payments, his or her Beneficiary

Page 5277

shall receive monthly benefits in an amount equal to the surviving spouse's benefit, until a total of 60 monthly payments have been made to the surviving spouse and Beneficiary combined. Payments due hereunder to a Beneficiary or a successor Beneficiary shall be as specified in Section C8 of this Article. (ii) A benefit first calculated to be equal to the benefit the Participant would have received had the Participant retired no earlier than the earliest date he or she could have retired under this Plan but said benefit then actuarially reduced to reflect one of the forms of benefit specified in Section C7(b)(2) of this Article. (2) The monthly survivor benefit shall commence no earlier than the earliest date the Participant could have retired under the Plan had he or she not incurred a Non-Occupational Disability, if such date is after the Participant's death. Otherwise, the monthly survivor benefit shall commence with the first day of the month following the Participant's death, unless the survivor elects to have the benefits commence later than such day when such later commencement may avoid or reduce an actuarial reduction in such benefit. 5. Death Benefits (a) When not Eligible to Retire If a Participant dies prior to the earliest date on which he or she could have retired under the Plan, the Participant's Beneficiary shall receive a lump sum benefit equal to the Participant's contributions plus interest at the actuarial rates

Page 5278

of interest assumed by the Fund for the years during which the withdrawn contributions were made. When the named Beneficiary is the surviving spouse of a Participant who was employed by the City at the time of death and who had more than 5 years of Credited Service and who died prior to the earliest date on which he or she could have retired, the surviving spouse may elect not to withdraw the Participant's Retirement Plan contributions plus interest, but instead may elect to receive retirement benefits no earlier than the earliest date on which the Participant could have retired under this Plan. The election of the form of retirement benefits to be paid hereunder shall be made by the surviving spouse from 1 of the following 2 options: (1) A benefit equal to the monthly benefit the Participant would have received had the Participant retired no earlier than on the earliest date he or she could have retired under this Plan, said benefit to be guaranteed payable for 60 monthly payments. In the event the surviving spouse dies prior to receiving 60 monthly payments, his or her Beneficiary shall receive monthly benefits in an amount equal to the surviving spouse's benefit, until a total of 60 monthly payments have been made to the surviving spouse and Beneficiary combined. Payments due hereunder to a Beneficiary or a successor shall be as specified in Section C8 of this Article. (2) A benefit first calculated to be equal to the benefit the Participant would have received had the Participant retired no earlier than on the earliest date he or she could have retired under this Plan but said benefit then actuarially reduced to reflect one of the

Page 5279

forms of benefit specified in Section C7(b)(2) of this Article. (b) When Eligible to Retire If a Participant dies after the earliest date on which he or she could have retired under the Plan but before he or she actually retired, the Participant's Beneficiary shall receive monthly payments, each of which shall be an amount equal to the monthly benefit the Participant would have received had the Participant retired on the day preceeding his death. The election of the form of retirement benefits to be paid hereunder shall be made by the surviving spouse from 1 of the following 2 options: (1) A benefit equal to the monthly benefit the Participant would have received had the Participant retired on the day preceeding his or her death, said benefit to be guaranteed payable for 60 monthly payments. In the event the surviving spouse dies prior to receiving 60 monthly payments, his or her Beneficiary shall receive monthly benefits in an amount equal to the surviving spouse's benefit, until a total of 60 monthly payments have been made to the surviving spouse and Beneficiary combined. Payments due hereunder to a Beneficiary or a successor Beneficiary shall be as specified in Section C8 of this Article. (2) A benefit first calculated to be equal to the benefit the Participant would have received had the Participant retired on the day preceeding his or her death, but said benefit then actuarially reduced to reflect one of the forms of benefit specified in Section C7(b)(2) of this Article. In the event the Participant's contributions plus interest exceed the total benefits available to the Beneficiary, such contributions

Page 5280

plus interest shall be paid in a lump sum to the Participant's Beneficiary. The interest hereunder shall be calculated as specified in Section 6(a) of this Article. In no event shall the Beneficiary receive both a lump sum of the returned contributions plus interest and the monthly benefit payments described herein. 6. Vesting (a) Termination Prior to Five Years of Credited Service In the event a Participant shall terminate employment subsequent to his completion of 3 months of Credited Service but prior to his completing 1 or more years of Credited Service, the Participant's contributions to the Fund shall be refunded to the Participant. In the event the Participant shall terminate employment subsequent to the completion of 1 year of Credited Service but prior to the completion of 5 years of Credited Service, the Participant's contributions shall be refunded with interest at rates which shall be from time to time determined by the Retirement Board, but which shall in no event exceed the actuarial rates of interest assumed by the Fund for the years during which the withdrawn contributions were made. (b) Termination after Five Years of Credited Service In the event a Participant shall terminate employment after completing 5 or more years of Credited Service and should he or she elect not to withdraw his or her contributions to the Fund plus interest (calculated as in Section 6(a) of this Article), the Participant shall be considered fully vested and shall be entitled, upon reaching his or her normal or alternative retirement date, to receive a deferred monthly retirement benefit

Page 5281

hereunder. The amount of the deferred monthly retirement benefit shall be determined as though the Participant had retired under the Plan on his or her chosen deferred retirement date with the years of Credited Service which the Participant had to his credit at the time of termination of employment. Anything herein to the contrary notwithstanding, a Participant who shall terminate employment with the City shall qualify for a vested deferred benefit under this Article VI. However, if such Participant shall elect a return of his or her contributions to the Plan plus interest, as herein provided, the Participant shall forfeit all vested rights hereunder. In no event shall a terminating Participant be allowed to receive a return of contributions plus interest and remain entitled to a vested benefit hereunder. 7. Form of Benefit Payment (a) Standard Forms of Benefit Payment (1) Joint and Surviving Spouse Benefit A married Participant who will become eligible for normal or alternative retirement benefits hereunder shall receive a reduced monthly retirement benefit for his or her lifetime, with a continuation upon his or her death after retirement of fifty percent (50%) of said reduced monthly benefit to be received by the Participant's spouse with said continued monthly benefit being for the life of said spouse. In the event said spouse shall predecease the Participant prior to retirement, no benefits or rights or privileges shall inure to the spouse's successors, assigns or estate. In the event the Participant's spouse shall predecease the Participant after the Participant

Page 5282

retires with a Joint and Surviving Spouse benefit in effect, the Participant's benefit shall be recalculated as though the Life Income with 60 months Guaranteed Benefit had been elected; said recalculated benefit shall be payable commencing the month following the spouse's death. Payments so made to the Participant shall cease as of the month in which the Participant's death occurs. (2) Life Income with 60 Months Guaranteed Upon becoming eligible for normal or alternative retirement benefits hereunder, a Participant who is not married or a married Participant who elects this benefit in lieu of the Joint and Surviving Spouse benefit (with proper notarized spousal consent) shall receive monthly benefits payable for the Participant's lifetime, with said monthly benefit being quaranteed payable for a minimum of 60 monthly payments. In the event the Participant dies after retiring but prior to receiving 60 monthly payments, the Participant's Beneficiary shall receive monthly benefits in an amount equal to the Participant's benefit, until a total of 60 monthly payments have been made to the Participant and Beneficiary combined. In the event said Beneficiary shall predecease the Participant, the original designation of Beneficiary by the Participant shall be null and void and the Participant shall be permitted to designate a different beneficiary. Upon the death of the Participant after retirement and the commencement of monthly benefit payments to the Beneficiary, to the extent that any of the 60 guaranteed payments are remaining, said Beneficiary shall be permitted to designate a successor Beneficiary who shall receive any available payments in the

Page 5283

event of said Beneficiary's death. The designation of a successor Beneficiary shall be permitted each time after a new Beneficiary begins to receive payments hereunder, until such time as no further payments are due. If no successor Beneficiary is designated for any payments due hereunder, such payments shall be paid in accordance with Section 8(b) of this Article. (b) Optional Forms of Benefit Payment In lieu of one of the applicable standard forms of benefit payment provided hereunder, other optional forms of retirement benefits are available to the Participant. Any election of options by the Participant shall be made in writing prior to the Participant's normal, alternative or delayed retirement date. However, if the Participant is married, his or her spouse must consent in writing to waive all rights to the Joint and Surviving Spouse benefit, such consent to be witnessed by a notary public. (1) Option 1: Life Income A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to his or her actual retirement date, elect to receive an increased monthly retirement benefit with said increased benefit being guaranteed for the life of the Participant but with all benefits ceasing at death. (2) Option 2: Joint and Survivor A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to his or her actual retirement date, elect to receive a reduced monthly retirement benefit for the life of

Page 5284

the Participant, with a continuation upon his or her death after retirement of one hundred percent (100%) or sixty-six and two-thirds percent (66[UNK]%) or fifty percent (50%), said reduced monthly benefit to be received by that person properly designated as the Beneficiary, with said continued monthly benefit being for the life of said Beneficiary. In the event said Beneficiary shall predecease the Participant prior to retirement, this election shall be null and void, and no benefits or rights or privileges shall inure to the Beneficiary's successors, assigns or estate. In the event the beneficiary predeceases the Participant after the Participant retires with 1 of the 3 Joint and Survivor benefits in effect, the Participant's benefit shall be recalculated as though the Life Income with 60 months Guaranteed Benefit had been elected; said recalculated benefit shall be payable commencing the month following the Beneficiary's death. Payment so made to the Participant shall cease as of the month in which the Participant's death occurs. In no event shall election of a Joint and Survivor benefit be allowed when the proposed Beneficiary is, except in the case of the spouse of the Participant, 30 or more years younger than the Participant. (3) Option 3: Life Income with 120 Months Guaranteed A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to the Participant's actual retirement date, elect to receive reduced monthly benefits payable for the Participant's lifetime, with said reduced

Page 5285

monthly benefits being guaranteed payable for a minimum of 120 monthly payments. In the event the Participant dies after retiring but prior to receiving 120 monthly payments, his or her Beneficiary shall receive monthly benefits in an amount equal to the Participant's benefit, until a total of 120 monthly payments have been made to the Participant and Beneficiary combined. In the event said Beneficiary shall predecease the Participant prior to the Participant's actual retirement date, this designation of said Beneficiary shall be null and void and the Participant shall be permitted to designate a different Beneficiary. In the event said Beneficiary shall predecease said Participant after the Participant's retirement, the reduction in benefits shall continue and the Participant shall be permitted to designate a different beneficiary. Upon the death of the Participant after he or she retires and the commencement of monthly benefit payments to the Beneficiary, to the extent that any of the 120 guaranteed payments are remaining, said Beneficiary shall be permitted to designate a successor Beneficiary who shall receive any available payments in the event of said Beneficiary's death. The designation of a successor Beneficiary shall be permitted each time after a new designated Beneficiary begins to receive payments hereunder, until such time as no further payments are due. In no event will any Participant age 75 or older on his or her date of retirement be eligible to elect the option described in this Subsection (3). (4) Option 4: Social Security A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to his or her actual

Page 5286

retirement date, elect to have his or her monthly retirement benefits increased from the actual retirement date until that date on which he or she commences to receive Social Security retirement benefits, with the monthly benefits then being decreased from the date of commencement of Social Security retirement benefits so as to, as nearly as is possible, produce a level monthly retirement income over the total years of the Participant's retirement from the standpoint of the combination of retirement benefits payable from both this Plan and Social Security. (5) Option 5: Lump Sum A Participant who will become eligible for normal or alternative retirement benefits hereunder may, prior to his or her actual retirement date, elect to have his or her monthly retirement benefits reduced by up to ten percent (10%) of said monthly retirement benefits in return for the payment of a lump sum of money at the time the Participant's monthly retirement benefit is first payable. Said benefit reduction must be by an even dollar amount which does not exceed ten percent (10%) of the monthly benefits otherwise payable and it must not result in a lump sum payment of less than $250 nor more than $5,000. The calculation for the lump sum payable shall be based on the Participant's age on the effective date of retirement and the amount shall be determined in accordance with appropriate actuarial tables applied on a uniform basis. 8. Beneficiary (a) Designation of Beneficiary All Participants shall, on a form provided for that purpose, designate a person or persons to receive

Page 5287

the benefits payable in the event of the death of the Participant. Such person or persons shall be the Beneficiary of the Participant. However, if the Participant is married and designates someone other than a spouse as Beneficiary, said spouse must consent in writing to waive all rights to receive benefits and such consent must be witnessed by a notary public. The Participant may from time to time change the Beneficiary by written notice (with proper spousal consent, when a change is being requested to a person other than a spouse) to the Retirement Board. Upon the receipt by the Retirement Board of such change, the rights of all previously designated Beneficiaries to receive any benefit under this Plan shall cease. When a Beneficiary is receiving benefits as specified in Sections C3(b)(2), C4(b)(2)(ii), C7(a)(2) or C7(b)(3) of this Article, said Beneficiary shall be permitted to designate a successor Beneficiary to receive any benefits still remaining at his or her death. The designation of such a successor Beneficiary shall be in accordance with all provisions of this Section and shall be permitted in each successive instance when a Beneficiary dies and benefits commence to a successor Beneficiary. In no instance will benefits be paid for any longer period or for any more payments than are specified in Sections C3(b)(2), C4(b)(2)(ii), C7(a)(2) or C7(b)(3) of this Article, whichever is applicable. (b) Absence of Beneficiary Designation In the event that any Participant shall die without having designated a Beneficiary or in the event that a Participant shall die but the Beneficiary designated by said Participant shall fail to survive the Participant or in the event that other provisions of this Article do not specify who is to be the appropriate Beneficiary, then and in

Page 5288

any event, the person who shall be deemed the Beneficiary of the deceased Participant shall be determined as follows: (1) In the event the deceased Participant is survived by a spouse, such surviving spouse shall be the Beneficiary. (2) If the deceased Participant is not survived by a spouse, the Beneficiary shall be the deceased Participant's estate. 9. When Participant is Inelgible to Receive Benefits No Participant shall receive any benefits from this Plan while receiving any remuneration for services rendered on a contract basis or on an employment basis for the City of Savannah. 10. Commencement and Duration of Benefits Retirement and disability benefits determined in accordance with the provisions of this Article shall commence on the first day of the month coincident with or next following the Participant's retirement date and shall be payable on the first day of each month thereafter, in accordance with the form of payment which applies to the benefit to be paid. ARTICLE VII AMENDMENT AND DURATION OF THE PLAN A. Permanency of Plan It is the intent of the City that this Plan shall be permanent, but it necessarily reserves the right to terminate the Plan at any time it deems appropriate or necessary. B. Amendment of Plan The City reserves the right to amend the Plan from time to time as it deems appropriate provided, however, that in no event shall the Plan be amended in a manner which would serve to reduce any benefits accrued, with respect

Page 5289

to any Participant, prior to the effective date of such amendment. ARTICLE VIII NON-ALIENATION OF BENEFITS A. Death and Incapacity of Retiree In the event of the death of the retired Participant or in the event the Board shall find that he or she is unable to care for his or her affairs because of accident or sickness, any retirement benefits due and payable to the Participant may, unless claim shall have been made therefor by a duly appointed legal representative, be paid to the spouse, a child, a parent or other blood relative, or to any person deemed by the Board to have incurred expense for such retired Participant, and any such payment so made shall constitute a complete discharge of the liabilities of the Plan therefor. B. Assignment of Benefits Assignment, pledge or other encumbrance of any benefit payable under the Plan shall not be permitted or recognized under any circumstances, nor shall benefits be subject to attachment or legal process for debts of retired or terminated Participants or death beneficiaries, and upon notice of such assignment or attachment of any kind, the benefit shall terminate and shall be applied by the Board as it may deem proper for the benefit of such person, the spouse, children or other dependents, or any of them. ARTICLE IX TERMINATION OF THE PLAN A. Allocation of Funds In the event of the discontinuance of the Plan, the assets of the Plan, after providing for expenses, shall be allocated by the Board, to the extent they shall be sufficient, for the purpose of paying retirement benefits, the amount of which shall be computed on the basis of Credited Service to the date of discontinuance of the Plan, to Participant

Page 5290

groups in the order of preference noted below. The allocation of funds for each group in order of precedence shall be in an equal manner for all Participants in the group, prorata in case funds are insufficient for a given group on the basis of benefit. 1. To provide the retirement benefits of Participants who shall have retired under the Plan prior to its discontinuance, without reference to the order of retirement; and to provide for death benefits for those eligible therefor in this group. 2. To provide immediate normal retirement benefits to eligible General Employees age 62 or older and eligible Police or Fire Employees age 60 or older on the date of discontinuance of the Plan (but only to those determined to be eligible for such benefits of the Plan prior to such date of discontinuance), without reference to the order in which they shall have attained their normal retirement ages of 62 and 60, respectively, and to provide for death benefits for those eligible therefor in this group. 3. To provide Occupational and Non-occupational Disability Benefits to Participants who shall have applied for such benefits prior to the date of discontinuance of the Plan and who are determined to be eligible for such benefits under the applicable provisions of the Plan prior to such date of discontinuance, without reference to the order in which they filed application or met eligibility requirements, and to provide death benefits for those eligible therefor in this group. 4. To provide normal retirement benefits upon attainment of normal retirement age to eligible General Employees age 57 or older but less than age 62 on the date of discontinuance of the Plan and to eligible Police or Fire Employees age 55 or older but less than age 60 on the date of discontinuance of the Plan, without reference to the order in which they shall reach ages 62 and 60, respectively, and to provide death benefits for those eligible therefor in this group.

Page 5291

5. To provide normal retirement benefits upon attainment of normal retirement age to eligible General Employees age 47 or older but less than age 57 on the date of discontinuance of the Plan and to eligible Police or Fire Employees age 45 or older but less than age 55 on the date of discontinuance of the Plan, without references to the order in which they shall reach ages 62 and 60, respectively. 6. To provide normal retirement benefits upon attainment of normal retirement age to eligible General Employees below the age of 47 on the date of discontinuance of the Plan and to eligible Police or Fire Employees below the age of 45 on the date of discontinuance of the Plan, without reference to the order in which they shall reach ages 62 and 60, respectively. B. Credit Service For the purpose of determining whether or not a Participant has, on the effective date of discontinuance of the Plan, completed sufficient years of Credited Service to be eligible to receive a retirement benefit under the provision of Subsections 4., 5. and 6. of Section A of this Article IX (but for no other purpose and in particular not for the purpose of determining the amount of such benefit), each Participant who is a General Employee and who on such date is less than age 62 shall receive credit as though his or her period of service included the period from the date of discontinuance of the Plan to his or her sixty-second birthday. Similarly, each Participant who is a Police or Fire Employee and who on such date is less than age 60 shall receive credit as though his or her period of service included the period from the date of discontinuance of the Plan to his or her sixtieth birthday. C. TerminatedVested Participants Terminated Participants with vested rights under the Plan shall be included in the allocation specified in Section A of this Article IX in their appropriate groups except that, within each group, non-terminated Participants and retired Participants shall have precedence in the distribution of

Page 5292

benefits. The Board and the City shall make reasonable effort to locate said terminated Participants. If, at the end of 1 year from the date of discontinuance of the Plan, any such terminated Participants have not been located, their rights shall stand forfeited and the distribution as provided in this Article shall thereupon take place. D. Funding of Benefits to be Provided The allocation of funds and the provision of benefits, as provided by this Article, shall be accomplished through the purchase of annuity contracts, provided however, that the Board upon finding that this is not practicable or desirable under the circumstances in the case of some or all of the groups listed in Section A of this Article IX, may, with the unanimous consent of all of each affected group's members, provide for allocation of a part or all of the assets of the Plan as cash payments of equivalent actuarial value to any or all of such groups, provided, however, that no change shall be affected in the order of precedence and the basis for allocation herein established. E. No Reversion of Assets to City In no event, whether upon termination of the Plan or otherwise, shall any part of the assets of this Plan, other than such part as may be necessary to pay the expenses of the Plan, be used for or diverted to any purpose or purposes other than the exclusive use of the Participants covered by the Plan and their Beneficiaries. ARTICLE X TRANSITION PROVISIONS A. Retired Employees All employees who have retired and who are receiving retirement benefits from the City of Savannah under retirement plans existing prior to the Effective Date of this Plan shall continue to receive such benefits out of the general fund of the City of Savannah.

Page 5293

B. Employees Eligible for Retirement Under Prior Plans Employees who are eligible to retire on or before the Effective Date of this Plan under provisions of retirement plans existing prior to the Effective Date of this Plan may elect to retire or participate in the Plan in accordance with provisions of Section A, Article IV herein. C. Refund of Contributions to Predecessor Plan Police, Fire and General Employees who elected to participate in this Plan were to be refunded the full amount of their contributions to the retirement plan under which they were covered prior to the Effective Date of this Plan. ARTICLE XI OPTION FACTORS A. Base Benefit Form The Plan provisions referenced in 1. and 2. below determine this Plan's retirement benefits when benefits are paid in the Life Income with 60 months Guaranteed form of benefit, as specified in Section C7(a)(2) of Article VI herein. For purposes of this Article XI, the Life Income with 60 Months Guaranteed form of benefit shall be referred to as the Base Benefit Form. 1. For Police or Fire Employees (a) Benefit upon retirement at age 60 with at least 5 years of Credited Service: Article VI, Section A2(a). (b) Benefit upon retirement at age 60 with at least 25 years of service: Article VI, Section A2(b). 2. For General Employees (a) Benefit upon retirement at age 62 with at least 5 years of Credited Service: Article VI, Section B2(a). (b) Benefit upon retirement at age 62 with at least 25 years of Credited Service: Article VI, Section B2(b).

Page 5294

(c) Benefit upon alternative retirement at age 57 with at least 10 years of Credited Service: Article VI, Section B4. B. Other Benefit Forms When other forms of benefit are applicable or are elected by Participants and Beneficiaries, as specified in the provisions of this Plan, certain mathematic factors shall be applied to the Base Benefit Form in order to determine the proper amount of benefit to be paid. These mathematic factors shall be calculated on the basis of actuarial equivalency. Said factors shall be determined and applied on a non-discriminatory basis. C. Joint and Surviving Spouse Benefit When the Joint and Surviving Spouse benefit form is applicable, the mathematic factors to be applied to the Base Benefit Form shall be as follows: 1. Non-disability Retirement The factor shall be 91% plus.4% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.4% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. 2. Non-Occupational Disability The factor shall be 83% plus.4% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.4% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. D. Life Income Benefit When the Life Income benefit is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows:

Page 5295

1. Non-disability Retirement Age At Benefit Commencement Factor 45 1.0022 46 1.0026 47 1.0029 48 1.0033 49 1.0038 50 1.0043 51 1.0048 52 1.0054 53 1.0060 54 1.0067 55 1.0074 56 1.0082 57 1.0091 58 1.0102 59 1.0114 60 1.0128 61 1.0143 62 1.0161 63 1.0182 64 1.0206 65 1.0234 66 1.0266 67 1.0303 68 1.0345 69 1.0393 70 1.0445 71 1.0502 72 1.0562 73 1.0628 74 1.0702 75 1.0790 76 1.0894 77 1.1014 78 1.1149 79 1.1299 80 1.1462 81 1.1640 82 1.1833 83 1.2043 84 1.2270 85 1.2514 86 1.2777 87 1.3060 88 1.3367 89 1.3698 90 1.4056 2. Non-Occupational Disability Age At Benefit Commencement Factor 30 1.0462 31 1.0463 32 1.0463 33 1.0464 34 1.0465 35 1.0465 36 1.0466 37 1.0467 38 1.0468 39 1.0470 40 1.0471 41 1.0473 42 1.0475 43 1.0477 44 1.0480 45 1.0483 46 1.0486 47 1.0491 48 1.0496 49 1.0502 50 1.0509 51 1.0517 52 1.0526 53 1.0536 54 1.0548 55 1.0563 56 1.0579 57 1.0597 58 1.0617 59 1.0638 60 1.0661 61 1.0687 62 1.0716 63 1.0748 64 1.0784 65 1.0824 E. 50% Joint and Survivor Benefit When the 50% Joint and Survivor benefit form is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows: 1. Non-disability Retirement The factor shall be 91% plus.4% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.4% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. 2. Non-Occupational Disability The factor shall be 83% plus.4% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.4% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. F. 66[UNK]% Joint and Survivor Benefit When the 66[UNK]% Joint and Survivor benefit is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows: 1. Non-disability Retirement The factor shall be 88% plus.5% for each full year

Page 5297

that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.5% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. 2. Non-Occupational Disability The factor shall be 77% plus.5% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.5% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. G. 100% Joint and Survivor Benefit When the 100% Joint and Survivor benefit is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows: 1. Non-disability Retirement The factor shall be 83% plus.6% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.6% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum factor shall be 99%. 2. Non-Occupational Disability The factor shall be 68% plus.5% for each full year that the Beneficiary's age is greater than the employee's age at benefit commencement or minus.5% for each full year that the Beneficiary's age is less than the employee's age at benefit commencement. The maximum shall be 99%. H. Life Income with 120 Months Guaranteed Benefit When the Life Income with 120 Months Guaranteed Benefit is elected, the mathematic factors to be applied to the Base Benefit Form shall be as follows:

Page 5298

1. Non-Disability Retirement Age At Benefit Commencement Factor 45 .9932 46 .9923 47 .9914 48 .9904 49 .9893 50 .9881 51 .9868 52 .9854 53 .9838 54 .9821 55 .9802 56 .9781 57 .9757 58 .9730 59 .9700 60 .9666 61 .9627 62 .9584 63 .9481 64 .9481 65 .9421 66 .9357 67 .9287 68 .9213 69 .9134 70 .9050 71 .8960 72 .8865 73 .8762 74 .8652 NOTE: This form of benefit is not available to Participants age 75 or older 2. Non-Occupational Disability Age At Benefit Commencement Factor 30 .9165 31 .9164 32 .9163 33 .9162 34 .9161 35 .9159 36 .9158 37 .9156 38 .9154 39 .9152 40 .9149 41 .9146 42 .9143 43 .9138 44 .9133 45 .9127 46 .9120 47 .9112 48 .9102 49 .9091 50 .9078 51 .9064 52 .9047 53 .9029 54 .9008 55 .8986 56 .8960 57 .8933 58 .8904 59 .8872 60 .8837 61 .8799 62 .8758 63 .8712 64 .8662 65 .8608 I. Social Security Benefit When the Social Security benefit is elected, the mathematic factors to be applied to the form of benefit otherwise elected shall be as follows: 1. When Age 62 Is Assumed to be Commencement of Social Security Retirement Benefits Age At Benefit Commencement . Factor 50 .3273 51 .3564 52 .3885 53 .4240 54 .4634 55 .5071 56 .5558 57 .6101 58 .6708 59 .7390 60 .8156 61 .9021 Example A Participant retires at age 55 with a monthly retirement benefit of $400 and an assumed Social Security retirement benefit, beginning at age 62, of $200. The Participant receives from the Plan a benefit of ($400 + $200) x.5071 or $501.42 until he or she reaches age 62. At age 62, he or she begins receiving $200 from Social Security and the plan's benefit is reduced by $200 to $301.42.

Page 5300

2. When Age 65 Is Assumed to be Commencement of Social Security Retirement Benefits Age At Benefit Commencement Factor 50 .2369 51 .2580 52 .2812 53 .3069 54 .3354 55 .3670 56 .4022 57 .4414 58 .4853 59 .5346 60 .5900 61 .6525 62 .7232 63 .8035 64 .8951 Example A Participant retires at age 55 with a monthly retirement benefit of $400 and an assumed Social Security retirement benefit, beginning at age 65, of $200. The Participant receives from the Plan a benefit of ($400 + $200) [UNK].3670 or $220.20 until he or she reaches age 65. At age 65, he or she begins receiving $200 from Social Security and the Plan's benefit is reduced to $20.20. J. Lump Sum Benefit When the Lump Sum benefit is elected, the mathematic factors to be applied to the form of benefit otherwise elected shall be as follows: Age At Benefit Commencement Factor 50 142.8753 51 141.1226 52 139.3128 53 137.4444 54 135.5153 55 133.5232 56 131.4666 57 129.3444 58 127.1550 59 124.8992 60 122.5843 61 120.2160 62 117.7982 63 115.3343 64 112.8293 65 110.2932 66 107.7401 67 105.1848 68 102.6388 69 100.1066 70 97.5958 71 95.1131 72 92.6596 73 90.2299 74 87.8219 75 85.4425 76 83.1053 77 80.8324 78 78.6489 79 76.5667 80 74.5853 81 72.7065 82 70.9268 83 69.2432 84 67.6566 85 66.1666 86 64.7706 87 63.4639 88 62.2418 89 61.0980 90 60.0272 Example A Participant retires at age 55 with a monthly retirement benefit of $400. The Participant elects to reduce the monthly retirement benefit by 8% or $32.00, so that he or or she will receive a monthly payment of $368. The Participant receives from the Plan a Lump Sum benefit of $32 [UNK] 133.5232 or $4,272.74, which is permissible because it is more than the $250 minimum and less than the $5,000 maximum stated in article VI, Section 7(b)(5) herein. I, L. Lynne Allen, assistant Clerk of Council for the Mayor and Aldermen of the City of Savannah, Georgia, do hereby certify that two ordinances to amend the Charter of the Mayor and Aldermen of the City of Savannah were adopted and approved in Council with the first reading on April 23, 1987. The ordinances quoted in caption form only are as follows: AN ORDINANCES TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA TO AMEND TITLE 6, CHAPTER 2, STREET

Page 5302

IMPROVEMENTS, SUBCHAPTER (b), PROVIDING FOR STREET PAVING UNDER THE 1919 ACT OF THE GENERAL ASSEMBLY, SECTION 6-218 PROVIDING FOR THE INTEREST RATE IF ASSESSMENTS ARE PAID BY INSTALLMENT TO CHANGE AND PROVIDE THE MANNER OF SETTLING SAID RATE; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH, GEORGIA, TO AMEND AND RESTATE THE PENSION PLAN ADOPTED AND APPROVED JUNE 8, 1972, AS AMENDED, AND CODIFIED AS ARTICLE 3, CHAPTER 4, OF THE 1977 CITY CODE, APPENDIX IV, AS AMENDED, TO PROVIDE DEFINITIONS FOR TERMS USED IN THE PLAN; TO PROVIDE THAT NO MORE THAN 40 YEARS OF CREDITED SERVICE BE USED UNDER THE PLAN; TO PROVIDE FOR VESTING AFTER 5 YEARS OF CREDITED SERVICE; TO PROVIDE FOR EARLY RETIREMENT AFTER 25 YEARS OF MORE OF CREDITED SERVICE AT AGE 57: TO PROVIDE FOR OPTIONAL FORMS OF BENEFIT PAYMENTS: TO INCORPORATE ALL AMENDMENTS AND RESTATE THE PLAN; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. /s/ L. Lynne Allen L. Lynne Allen Assistant Clerk of Clerk Signed and Sealed: May 22, 1987 Affidavit of Publication Savannah Morning News STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says:

Page 5303

That he is the ASSISTANT GENERAL MANAGER of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Apr 4, 1987, Apr 11, 1987, Apr 18, 1987, and finds that the following Advertisement, to-wit: 87-176-0115-220 SPECIAL NOTICE Notice is hereby given that The Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to amend the Pension Plan adopted and approved June 8, 1872, as amended, to provide definitions for terms used in the Plan; to provide that no more than 40 years of credited service be used under the Plan; to provide for vesting after 5 years of credited service; to provide for retirement of a general employee at age 62 after 5 years of credited service; to provide for early retirement after 25 years or more of credited service at age 57; to provide for optional forms of benefit payments and to incorporate all amendments and restate the Plan. The Amendment will be considered at the meeting of Council April 23, 1987, to be held at 2:00 P.M. in Council Chambers at City Hall and further considered for final adoption at the next regular meeting on May 7, 1987. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of the Superior

Page 5304

Court of Chatham County, Georgia, for the purpose of examination and inspection by the public. DYANNE C. REESE CLERK OF COUNCIL CITY OF SAVANNAH Apr. 4, 11, 18 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 30 day of Apr, 1987. /s/ Lillie D. Lang Notary Public, Chatham County, Georgia LILLIE D. LANG Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 Filed in the Office of the Secretary of State May 18, 1987.

Page 5305

CITY OF AMERICUSCHIEF ADMINISTRATIVE OFFICER; OFFICE CREATED. HOME RULE CHARTER AMENDMENT AN ORDINANCE PURSUANT TO THE HOME RULE ORDINANCE PROVISIONS OF GEORGIA LAWS, 1976, P. 1429, SECTION 1( O.C.G.A. 36-35-3 (b)) DELETING THE APPOINTIVE OFFICE OF EFFICIENCY EXPERT AS PROVIDED IN ARTICLE III, DIVISION 2, SECTION 30 OF THE CHARTER OF THE CITY OF AMERICUS AND INSERTING IN LIEU THEREOF THE APPOINTIVE OFFICE OF CHIEF ADMINISTRATIVE OFFICER AND PROVIDING FOR THE APPOINTMENT, QUALIFICATIONS, COMPENSATION, AND DUTIES AND RESPONSIBILITIES OF SAID OFFICER, AND FOR OTHER PURPOSES. BE IT ORDAINED be the Mayor and Aldermen of the Mayor and City Council of Americus, Georgia, and it is hereby ordained by the authority of the same that, pursuant to the Home Rule Charter Amendment provisions of Georgia Laws, 1976, p. 1429, Section 1, ( O.C.G.A. 36-35-3 (b)), the office of efficiency expert as provided in Article III, Division 2, Section 30 of the Charter of the City of Americus is hereby deleted and abolished and, in lieu thereof, there is adopted and created, pursuant to the above authority, the office of Chief Administrative Officer as follows: Sec. 30CHIEF ADMINISTRATIVE OFFICER (a) APPOINTMENT; QUALIFICATIONS; COMPENSATION. The Mayor and City Council of Americus shall have the right, power and authority to employ and to appoint in their discretion an officer whose title shall be Chief Administrative Officer. The Chief Administrative Officer shall be appointed solely on the basis of executive and administrative qualifications. The Chief Administrative Officer shall hold at least a bachelor's degree in public or business administration or a related field and shall have at least three (3) years' experience in public administration or a related field. Such person need not be a resident of the City or State at the time of appointment, but shall reside in the City while in office.

Page 5306

(b) DUTIES AND RESPONSIBILITIES. The Chief Administrative Officer shall have the following powers, duties and responsibilities: (1) Serve as director of the Department of Administration; (2) Advise and assist the Mayor and Council in the performance of designated duties; (3) Coordinate the activities of the City government; (4) Serve as a liason between the Mayor and Council and the Departments of the City government; (5) Carry out the written directives of the Mayor and Council; provided, however, that the Mayor and City Council shall not be authorized to delegate to the Chief Administrative Officer any of the powers or duties conferred upon the Mayor and City Council by Charter or by ordinance; (6) Make periodic reports of any recommendations as he or she deems appropriate to the Mayor and Council concerning the affairs of the City government; and (7) Perform any other duties as shall be required by the Mayor and City Council. BE IT FURTHER ORDAINED, that a copy of this Home Rule Charter Amendment, together with a copy of the required notice of publication and an affidavit of a duly authorized representative of the Americus Times-Recorder, the legal organ of Sumter County, shall be filed with the Secretary of State and in the office of the Clerk of the Superior Court of Sumter County, all as required by Georgia law, 1965, page 298, Section 6 ( O.C.G.A. 36-35-5). BE IT FURTHER ORDAINED, that the Charter of the City of Americus is hereby amended by this Home Rule Charter Amendment and the provisions hereof shall become part of said charter as fully and completely as if originally set out therein. ADOPTED this 23rd day of March, 1987. MAYOR CITY COUNCIL OF AMERICUS BY: /s/ Russell Thomas, Jr. RUSSELL THOMAS, JR. MAYOR ATTEST: /s/ Sybil Smith SYBIL SMITH, CLERK/TREASURER

Page 5307

ORDINANCE CERTIFICATE GEORGIA, SUMTER COUNTY I, Sybil Smith, Clerk of Council of the City of Americus, a municipal corporation of the State of Georgia, do hereby certify, as custodian of the minutes of said Council, that the attached is a true and correct copy of a Ordinance duly adopted at a regular meeting of the Mayor and Council of this municipality held on the 23rd day of March, 1987, and that the same has been duly entered in the official minute books of the said Council. I further certify that said Ordinance is of full force and effect, not having been repealed by any subsequent action of the said Mayor and Council. Witness my official signature and the seal of the said municipality this 29th day of April, 1987. /s/ Sybil Smith Sybil Smith CLERK OF COUNCIL City of Americus CERTIFICATION OF FIRST AND SECOND READING OF HOME RULE CHARTER AMENDMENT GEORGIA, SUMTER COUNTY I, SYBIL SMITH, Clerk of council of the City of Americus, a municipal corporation of the State of Georgia, do hereby certify, as custodian of the minutes of said council, that the foregoing Home Rule Charter Amendment approved and adopted by the Mayor and City Council of Americus on March 23, 1987, was the subject of a first reading of said ordinance on February 23, 1987, and a second reading of said ordinance on March 23, 1987. WITNESS my official signature and the seal of the said municipality this 29th day of May, 1987. /s/ Sybil Smith SYBIL SMITH, CLERK OF COUNCIL MAYOR CITY COUNCIL OF AMERICUS (Seal)

Page 5308

FILING OF HOME RULE CHARTER AMENDMENT WITH SECRETARY OF STATE OF THE STATE OF GEORGIA AND WITH CLERK OF SUPERIOR COURT OF SUMTER COUNTY, GEORGIA STATE OF GEORGIA COUNTY OF SUMTER. Before me, the undersigned officer duly authorized to administer oaths, came Sybil Smith who, on oath, deposed and stated as follows: 1. That she is the Clerk-Treasurer of the Mayor and City Council of Americus, Georgia. 2. That attached hereto as Exhibit A is a certified copy of a Home Rule Charter Amendment approved in accord with the provisions of O.C.G.A. 36-35-3(b) on March 23, 1987, by the Mayor and City Council of Americus, Georgia. 3. That attached hereto as Exhibit B is a certified copy of the Notice of Proposed Amendment to Municipal Charter of the City of Americus which was published in the Americus Times-Recorder on March 6, March 13, and March 20, 1987, as required by law. 4. That attached hereto as Exhibit C is a Certificate of Publication executed by the Editor and Publisher of the Americus Times-Recorder regarding publication of the notice referred to in Exhibit B 5. That this affidavit, and the documents attached thereto, is submitted in accord with the requirements of O.C.G.A. 36-35-5 to the Secretary of State of the State of Georgia and to the Office of the Clerk of Superior Court of Sumter County, Georgia, for filing as required by O.C.G.A. 36-35-5. /s/ Sybil Smith SYBIL SMITH Clerk-Treasurer of the Mayor and City Council of Americus

Page 5309

Sworn to and subscribed before me this 30th day of April, 1987. /s/ Jacqueline Ross NOTARY PUBLIC Notary Public, Sumter County, Georgia My Commission Expires Oct. 6, 1989 (Seal) NOTICE OF PROPOSED AMENDMENT TO MUNICIPAL CHARTER OF THE CITY OF AMERICUS This is official notice that the Mayor and City Council of Americus will consider final adoption of an ordinance pursuant to the Home Rule Ordinance Provisions of Georgia Laws, 1976, P. 1429, 1 (O.C.G.A. 36-35-3 (b)) deleting the appointive office of Efficiency Expert as provided in Article III, Division 2, Section 30 of the Municipal Charter of the City of Americus and inserting, in lieu thereof, the appointive office of Chief Administrative Officer and providing for the appointment, qualifications, compensation, duties and responsibilities of said officer and for other purposes. This is further notice that a copy of the proposed amendment to said charter is on file in the Office of the Clerk/Treasurer of the City of Americus at City Hall in Americus. A notice of said proposed amendment is also on file in the Office of the Clerk of the Superior Court of Sumter County at the Sumter County Courthouse. Any member of the public has the right to examine and inspect such proposed amendment at either of such two (2) locations. In addition thereto, any person may, upon written request, obtain a copy of the propose amendment from the Office of the Clerk/Treasurer of the City of Americus during normal business hours. The Mayor and City Council of Americus will consider final adoption of this proposed Charter Amendment at the regularly scheduled meeting of the Mayor and Council of Americus to be held at 7:00 P.M. on Monday, March 23, 1987. This notice is published as required by Georgia law. MAYOR AND CITY COUNCIL OF AMERICUS
Page 5310

BY: /s/ SYBIL SMITH SYBIL SMITH, CLERK/TREASURER CERTIFICATE OF PUBLICATION GEORGIA, SUMTER COUNTY. The undersigned does hereby certify that he is Publisher of the Americus Times-Recorder, the newspaper published in the City of Americus, Georgia, in which the Sheriff's advertisements for the City of Americus and Sumter County are published; and that the foregoing and attached notice providing notice of a proposed amendment to the Municipal Charter of the City of Americus pursuant to the Home Rule Ordinance provisions of Georgia law was published in said newspaper once a week for three weeks on March 6, 1987, March 13, 1987, and March 20, 1987. /s/ Otis Raybon, Jr. OTIS RAYBON, JR. Editor and Publisher of Americus Times-Recorder Sworn to and subscribed before me this 27th day of April, 1987. /s/ Linda K. Rix NOTARY PUBLIC Notary Public, State of Georgia My Commission Expires April 9, 1988. (Seal) Filed in the Office of the Secretary of State June 4, 1987.

Page 5311

CITY OF WALESKANEW CHARTER A RESOLUTION AND ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WALESKA A Resolution and Ordinance to amend the local act incorporating the City of Waleska, as the same has been amended by other local acts of the General Assembly of Georgia; to provide an effective date; and, for other purposes. WHEREAS the General Assembly of Georgia enacted local legislation incorporating the town of Walesca, later amended to be the City of Waleska, by Act Number 781 of the 1888-1889 Session of that body, Georgia Laws 1888-9, Page 1066, which Act was approved by the Governor on November 13, 1889; and, WHEREAS the aformentioned incorporating Act has been subsequently amended on a number of occasions, to wit, by Act Number 138. Georgia Laws 1892, Page 212, approved December 23, 1892; by Act Number 254, Georgia Laws 1901, Page 706, approved November 27, 1901; by Act Number 314, Georgia Laws 1901, Page 707, approved December 14, 1901; by Act Number 306, Georgia Laws 1916, Page 1001, approved August 2, 1916; by Act Number 92, Georgia Laws 1917, Page 897, approved August 14, 1917; by Act Number 172, Georgia Laws 1958, Page 2623, approved March 17, 1958; and, by Act Number 431, Georgia Laws 1975, Page 4389, approved April 17, 1985; and, WHEREAS the Georgia Constitution of 1983, in Article IX, Section II, Paragraph II thereof, provides that the General Assembly may provide by law for the self-government of municipalities and is authorized to delegate its legislative powers in matters pertaining to municipalities so that the same will not have to be dealt with by the General Assembly; and, WHEREAS the General Assembly has provided by law in the Official Code of Georgia Annotated, Section 36-35-3, that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances and resolutions relating to its property, affairs, and local government,

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and also, as an incident of home rule power, to amend its charter; and, WHEREAS the act incorporating the City of Waleska and the amendments thereto require further amendment to comply with general law and to meet the needs of a vibrant and growing community; NOW THEREFORE BE IT RESOLVED AND ORDAINED by the Mayor and City Council of the City of Waleska and it is hereby resolved and ordained by the authority of the same, as follows: Section 1 . The Act incorporating the City of Waleska, as amended, is further amended by striking the same and providing in lieu thereof the following: CHARTER OF THE CITY OF WALESKA ARTICLE I INCORPORATION AND POWERS Section 1.10. Name . This City and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style, City of Waleska, Georgia, and by that name shall have perpetual succession. Section 1.11. Corporate Boundaries . (a) The corporate boundaries of the City of Waleska shall be as described and set forth in Appendix A attached hereto. (b) The City Council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries. Section 1.12. Powers and Constitution . (a) The City of Waleska shall have all powers possible for a city to have under the present or future constitution of

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this State as fully and completely as though they were specifically enumerated in this Charter. The City of Waleska shall have all the powers of self-government not otherwise prohibited by this Charter or by general law. (b) The powers of the City of Waleska shall be construed liberally in favor of the City. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the City of Waleska. Section 1.13. Examples of Powers . (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the City of Waleska; (2) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the City of Waleska; to authorize the expenditures of money for any purposes authorized by this Charter and for any purpose of which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the City of Waleska; (4) Building Regulations. To regulate and license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing,

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electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (5) 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; (6) Condemnation. To condemn property, inside or outside the corporate limits of the City of Waleska, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the City of Waleska, 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; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;

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(10) 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 of Waleska from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (11) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the City of Waleska and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail Sentences. To provide that persons given jail sentences in the Recorder's Court of the City of Waleska may work out such sentences in any public works or on the streets, roads, drains and squares in the City of Waleska, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work campt or county jail by agreement with the appropriate county officials;

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(15) 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 of Waleska. (16) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, officers, commissions and agencies of the City of Waleska, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the City of Waleska 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; (18) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City of Waleska; (19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the City of Waleska, and the administration and use of same by the public; and to prescribe penalties and punishment for violation thereof; (20) 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,

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electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (23) Planning and Zoning. To provide comprehensive City planning for development by zoning; and to provide subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency; (25) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) 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,

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terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and to provide any other public improvements, inside or outside the corporate limits of the City of Waleska; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchises grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) 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 of Waleska; and to prescribe penalties and punishment for violations of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the City of Waleska;

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(32) 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, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the City of Waleska; 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; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) 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 those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system; (34) 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; (35) Special Areas of Public Regulations. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustable, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant

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traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Others. To levy and collect such other taxes as may be allowed now or in the future by law. (39) Taxicabs. To regulate and license vehicles operated for hire in the City of Waleska; 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 the parking of such vehicles. (40) Urban Redevelopment. To organize and operate an urban redevelopment program; (41) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and other immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City of Waleska and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully stated herein;

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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; and no listing of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14. Exercise of Powers . All powers, functions, rights, privileges, and immunities of the City of Waleska, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE Section 2.10. City Council Creation; Number; Election . The legislative authority of the government of the City of Waleska, except as otherwise specifically provided in this Charter, shall be vested in a mayor and a city council to be composed of six councilmembers. The Mayor and Councilmembers shall be elected in the manner provided in this Charter. Section 2.11 Mayor and City Council Terms and Qualifications for Office . (a) Three Councilmembers shall stand for election each year, their seats having been determined by election and designation as initially provided in Section IV of the act incorporating the Town of Waleska [Act Number 781, Georgia Laws 1888-9, page 1066, approved November 13, 1889]. (b) The Mayor and members of the City Council shall serve for terms of two years and until their respective successors are elected and qualified.

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(c) No person shall be eligible to serve as Mayor or Councilmember unless he or she shall have been a bona fide resident of the City of Waleska for sixty days immediately prior to the date of the election of the mayor or members of the City Council; have paid all taxes of every description legally imposed and demanded by authority of the City; and, shall be qualified to vote for members of the General Assembly. (d) The Mayor and Councilmambers shall continue to reside within the City of Waleska during their periods of service and to be registered and qualified to vote in municipal elections of the City. Section 2.12. Vacancy; Filling of Vacancies . (a) VacanciesThe office of Mayor or Councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter of the general laws of the State of Georgia. (b) Filling of VacanciesA vacancy in the office of Mayor or Councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Section 5.14 of this Charter. Section 2.13. Compensation and Expenses . The Mayor and Councilmembers shall receive compensation for their services and reimbursement for expenses as provided by the laws of the State of Georgia and by ordinance. Section 2.14. Conflicts of Interest; Holding Other Offices . (a) Conflict of InterestNo elected official, appointed officer, or employee of the City of Waleska 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 the independence of his or her judgment or action in the performance of his or her official duties;

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(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 government 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 that of 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 any such campaign; (5) Represent other private interests in any action or proceeding against the City of Waleska or any portion of its government; and (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has financial interest. (b) DisclosureAny elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or manner pending before or within any department of the City of Waleska shall disclose such private interest to the City Council. The Mayor or any Councilmember who has a private interest in any matter pending before the City Council shall disclose such private interest and such disclosure shall be entered on the records of the City Council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employees of any agency or political entity

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to which this Charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of Public PropertyNo elected official, appointed officer, or employee of the City of Waleska or any agency or entity to which this Charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the City Council or the governing body of such agency or entity. (d) Contracts Voidable and RescindableAny violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the City Council. (e) Ineligibility of Elected OfficialExcept where authorized by law, neither the Mayor nor any Councilmember shall hold any other elective or compensated appointive office in the City of Waleska or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. No former Mayor and no former Councilmember shall hold any compensated appointive office in the City of Waleska until one year after the expiration of the term for which he or she was elected. (f) Political Activities of Certain Officers and EmployeesNo appointive officer and no employee of the City of Waleska shall continue in such employment upon qualifying as a candidate for nominaiton or election to any public office. (g) Penalties for Violation (1) Any officer or employee of the City of Waleska 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 of Waleska who shall forfeit his or her office or position as described in paragraph

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(1) above, shall be ineligible for appointment or election to or employment in a position in the City government for a period of three years thereafter. Section 2.15. Inquiries and Investigations . The Mayor and 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 Mayor and the City Council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Mayor and City Council . Except as otherwise provided by the Charter, the Mayor and City Council shall be vested with all the powers of government of the City of Waleska as provided by Article I. Section 2.17. Eminent Domain . The City Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City of Waleska, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. Section 2.18. Oath of Mayor and Councilmembers . The City Clerk shall administer the oath of office to the Mayor and Councilmembers as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (Mayor) (Councilmember) of this City of Waleska

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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 personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to Councilmembers shall not be required if the Mayor and all Councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a Councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such Councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the City Council shall be public to the extent required by law and notice to the public of special meetings shall be made as is reasonably possible five days prior to such meetings. 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 a journal of its procedings, which shall be a public record. (b) All committees and committee chairmen and officers of the City Council shall be appointed by the Mayor and shall serve at his or her pleasure. The Mayor shall have the power to appoint new members to any committee at any time. Section 2.21. Quorum; Voting . Four Councilmembers shall constitute a quorum and shall be authorized to transact business of the City Council. Voting

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on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the City Council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this Charter, the affirmative vote of four Councilmembers shall be required for the adoption of any ordinance, resolution, or motion. Section 2.22. Ordinance Form; Procedures . (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Mayor and Council of the City of Waleska hereby ordains..... and every ordinance shall so begin. (b) An ordinance may be introduced by the Mayor or any Councilmember and be 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 2.24. Upon introduction of any ordinance, the City Clerk shall as soon as possible distribute a copy to the Mayor and to each Councilmember and shall file a reasonable number of copies in the Office of the City Clerk and at such other public places as the City Council may designate. Section 2.23. Action Requiring an Ordinance . Acts of the Mayor and the City Council which have the force and effect of law shall be enacted 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 a Councilmember and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public

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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 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 Councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.25. 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 except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the City Clerk pursuant to Section 2.26. (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 2.26. Signing; Authenticating; Recording; Codification; Printing . (a) The City Clerk shall authenticate by his or her signature and record, in full in a properly indexed book kept for that purpose, all ordinances adopted by the City Council.

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(b) The City Council shall provide for the preparation of a general codification of all the ordinances of the City having the force and effect of law. The general codification shall be adopted by the 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 compliation shall be known and cited officially as The Code of the City of Waleska, Georgia. Copies of the Code shall be furnished to all officers, departments and agencies of the City, and made available for purchase by the public at a reasonable price as fixed by the City Council. (c) The City Council shall cause each ordinance and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and Charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the City Council. 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 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 2.27. 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 the city immediately preceding his or her election. He or she shall continue to reside in this City during the period of service. The office of Mayor shall be forfeited on the same grounds and under the same procedure as for councilmembers. The compensation of the Mayor shall be established in the same manner as for Councilmembers. Section 2.28. Mayor Pro Tem . The Mayor shall select a Councilmember to serve as Mayor pro tem. The Mayor pro tem shall assume the duties and powers of the Mayor during the Mayor's disability or absence for a period

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in excess of thirty days. Any such disability or absence shall be declared by a majority vote of the City Council. Section 2.29. Powers and Duties of Mayor . The Mayor shall: (a) preside at all meetings of the City Council; (b) be the head of the City for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the City and the chief advocate of policy; (c) have the power to administer oaths and to take affidavits; (d) sign as a matter of course on behalf of the City all written and approved contracts, ordinances and other instruments executed by the City which by law are required to be in writing; (e) vote on matters before the City Council and be counted toward a quorum as any other Councilmember; (f) prepare and submit to the City Council a recommended annual operating budget and recommended capital budget; and (g) fulfill such other executive and administrative duties as the City Council shall by ordinance establish. ARTICLE III ADMINISTRATIVE AFFAIRS Section 3.10. Administrative and Service Departments . (a) Except as otherwise provided in this Charter, the City Council, by ordinance, shall prescribe the functions or duties, and establish, abolish or alter all nonelective offices, positions of employment, departments, and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this Charter or by law, the directors of departments and other appointed officers

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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, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the City Council. The Mayor may suspend or remove directors under his or her supervision but such shall not be effective for ten calendar days following the Mayor's giving written notice of such action and the reasons therefor to the director involved and to the City Council. The director involved may appeal to the City Council which, after a hearing, may override the Mayor's action by a vote of four Councilmembers. 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, terms of office, or manner of appointment is prescribed by this Charter or by 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 otherwise provided by Charter or by law, no member of any board, commission or authority shall hold any elective office in the City.

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(e) Any vacancy on a board, commission or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this Charter or by law. (f) No member of a board, commission or authority shall assume office until he or she has executed and filed with the City Clerk an oath obligating himself or herself to faithfully and impartially perform the duties of the office, such oath to be prescribed by ordinance and administered by the Mayor. (g) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the City Council. (h) Except as otherwise provided by this Charter or by 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 law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the City Clerk. Section 3.12. City Attorney . The Mayor shall, with the approval of the City Council, appoint the City Attorney, together with such Assistant City Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the Recorder's Court; shall attend the meetings of the 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 peform such other duties as may be required by virtue of his or her position as City Attorney.

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Section 3.13. City Clerk . The Mayor shall, with the approval of the City Council, appoint the City Clerk who shall not be a Councilmember. The City Clerk shall be custodian of the official City seal; maintain City Council records required by this Charter; and perform such other duties as may be required by the City Council and Mayor. Section 3.14. City Treasurer . The Mayor shall, with the approval of the City Council, appoint the City Treasurer to oversee the collection of 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 to oversee the enforcement of all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the City. The City Treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. Section 3.15. City Accountant . The Mayor shall appoint a City accountant to perform the duties of an accountant. Section 3.16. Position Classification and Pay Plans . The Mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the City Council for approval. Such plan may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the City Council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this Section, all elected and appointed City officials are not City employees. Section 3.17. Personnel Policies . The City Council shall adopt rules and regulations consistent with this Charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods

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of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) such dismissal hearings as due process may require; and (5) such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation; Name . There shall be a court to be known as the Recorder's Court of the City of Waleska. Section 4.11. Chief Judge; Associate Judge, Clerk . (a) The Recorder's Court shall be presided over by a Chief Judge and such part-time, full-time, or stand-by 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 Recorder's Court unless he or she shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the Mayor, with the approval of 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 assuming office, each judge shall take an oath, given by the Mayor, to honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the City Council journal required in Section 2.20. (f) The Chief Judge shall appoint a Clerk of the Recorder's Court who shall have all qualifications required by law and whose compensation shall be established by the City Council.

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Section 4.12. Convening . The Recorder's Court shall be convened at regular intervals as provided by ordinance. Section 4.13. Jurisdiction; Powers . (a) The Recorder's Court shall try and punish violations of this Charter, all City ordinances, and such other violations as provided by law. (b) The Recorder's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed five hundred dollars ($500.00) or thirty (30) days in jail. (c) The Recorder's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 dollars or imprisonment for 30 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now or hereafter provided by law. (d) The Recorder's Court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of State law. (e) The Recorder's Court shall have authority to establish bail and recognizances to 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 appearance and shall fail to appear at the time fixed for trial, bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant or his or her sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Waleska, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes.

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(f) The Recorder's Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The Recorder's 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 law. (h) Each judge of the Recorder's Court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the City, and each judge of the Recorder's Court shall have the same authority as a magistrate of the State to issue warrants for offenses against State laws committed within the City. (i) The Recorder's Court is specifically vested with all the jurisdiction and powers throughout the geographic areas of this City previously granted by law to mayors, 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 Recorder's Court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Cherokee 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 Chief Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Recorder's Court; provided, however, that the City Council may adopt in part or in toto the rules and regulations applicable to superior or state courts. The rules and regulations made or adopted shall be filed with the City Clerk, shall be available for public inspection, and, upon

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request, a copy shall be furnished to all defendants in Recorder's Court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL Section 5.10. Applicability of General Law . All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code (Title 21, Chapter 3 of the Official Code of Georgia Annotated) as now or hereafter amended. Section 5.11. Regular Elections; Time for Holding . On the second Wednesday in September and on that day annually thereafter, there shall be an election for those three Councilmembers whose terms of office are about to expire, and for the Mayor, if his or her term is about to expire. Their terms of office shall be as provided in Section 2.11 of this Charter. Section 5.12. Non-Partisan Elections . Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party designations. Section 5.13. Election by Plurality . The person receiving a plurality of the votes cast for any City office shall be elected. Section 5.14. Special Elections; Vacancies . In the event that the office of Mayor or Councilmember shall become vacant for any cause whatsoever, the City Council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within three months of the expiration of the term of that office, the City Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

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Section 5.15. 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 option and duties under the Georgia Municipal Election Code. Section 5.16. Removal of Officers . (a) The Mayor, Councilmembers, or other appointed officers provided for in this Charter shall be removed from office for any one or more of the following causes: (1) incompetence, misfeasance or malfeasance in office; (2) conviction of a crime involving moral turpitude; (3) failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (4) knowingly violating any express prohibition of this Charter; (5) abandonment of office or neglect to perform the duties thereof; or, (6) failure for any other cause to perform the duties of office as required by this Charter or by State law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four Councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the City Council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the City Council to the Superior Court of Cherokee County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court.

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(2) By an order of the Superior Court of Cherokee County following a hearing on a complaint seeking such removal brought by any resident of the City of Waleska. 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, of 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, and within its powers under the Constitution of Georgia and state laws. 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 the time period within which these taxes must be paid. The City Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. Section 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 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 may 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

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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 law in such a way as to preclude City regulations. Such fees may reflect the total cost to the City of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. The City Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14. Franchises . The City Council shall have the power to grant franchises for the use of this City's streets and alleys for the 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, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The City Council shall provide for the registration of all franchises with the City Clerk in a registration book kept for that purpose by the City Clerk. The City Council may provide by ordinance for the registration within a reasonable time for all franchises previously granted. Section 6.15. Service Charges . The City Council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the City for the total costs to the City of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. Section 6.16. Special Assessments . The City Council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting

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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 . The City of Waleska shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power or authority in this Article shall not be construed as limiting in any way the general powers of this City to govern its local affairs. Section 6.18. Collection of Delinquent Taxes and Fees . The City Council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the City under Section 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; 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 revenues to carry out any project, program or venture authorized under this Charter or the laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. 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 . The City may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

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Section 6.22. Fiscal Year . The City Council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government. Section 6.23. Preparation of Budgets . The City Council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget, including requirements as to the scope, content and form of such budgets and programs. Section 6.24. Submission of Operating Budget to City Council . On or before a date fixed by the City Council but not later than 90 days prior to the beginning of each fiscal year, the Mayor shall submit to the City Council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the Mayor containing a statement of the general fiscal policies of the City, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as may be deemed pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the City Clerk and shall be open to public inspection. Section 6.25. Action by City Council on Budget . (a) The City Council may amend the operating budget proposed by the Mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by State law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The City Council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the

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day of the first meeting in January 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. Adoption of the budget 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 appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. Section 6.26. Tax Levies . Following adoption of the operating budget, the City Council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, funds 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 6.27. Changes in Appropriations . The City Council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. Section 6.28. Capital Improvements Budget . (a) On or before the date fixed by the City Council but no later than 90 days prior to the beginning of each fiscal year,

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the Mayor shall submit to the City Council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The City Council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The City Council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The City Council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the day of the first meeting January 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 recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.29. 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 costs to the public. Section 6.30. Contracting Procedures . No contract with the City shall be binding on the City unless: (a) it is in writing; (b) it is drawn by or submitted and reviewed by the City Attorney, and, as a matter of course, is signed by him or her to indicate such drafting or review; and

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(c) it is made or authorized by the City Council and such approval is entered in the City Council journal of proceedings pursuant to Section 2.21. Section 6.31. Centralized Purchasing . The City Council shall by ordinance prescribe procedures for a system of centralized purchasing for the City. Section 6.32. 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 now or hereafter provided by law. (b) The City Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the City Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut off or separated parcel of 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 when such swap is deemed to be in the best interest of the City. 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 in hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for Officials . The offices and employees of this City, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the City Council

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shall from time to time require by ordinance or as may be provided by law. Section 7.11. Prior Ordinances . All ordinances, resolutions, rules and regulations now in force in the City not inconsistent with this Charter are hereby declared valid and of full effect and force until amended or repealed by the City Council. Section 7.12. Existing Personnel and Officers . Except as specifically provided otherwise by this Charter, all personnel and officers of the City and their rights, terms of office, privileges and powers shall continue beyond the time this Charter takes effect, until the City Council shall pass such ordinances as may be required to effect changes, or until terms of office shall expire. Section 7.13. Pending Matters . Except as specifically provided otherwise by this Charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such City agencies, personnel or offices as may be provided by the City Council. Section 7.14. Construction . (a) Section captions in this Charter are informative only and are not to be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.15. Severability . If any Article, Section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect

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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 7.16. Repealer . The Act incorporating the City of Waleska in the County of Cherokee, approved November 13, 1889 (Ga. L. 1888-89, p. 1066), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this Charter are hereby repealed. Section 7.17. Effective Date . This Charter shall become effective on January 5, 1987. This Resolution and Ordinance having been adopted at two successive regular meetings of the City Council after proper notice of the agenda of each such meeting, the same being held on December 1, 1986, and on January 5, 1987, this Resolution and Ordinance is hereby adopted, the public health, safety and general welfare demanding it. This 5 day of January, 1987. MAYOR AND CITY COUNCIL OF THE CITY OF WALESKA /s/ Jack H. Smith MAYOR Jack H. Smith /s/ Doyle Smith Mayor Pro-Tem Doyle Smith /s/ Opal Harmon Opal Harmon /s/ Peggy Cline Peggy Cline
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/s/ Raymond Rollins Raymond Rollins /s/ Bruce Waitman Bruce Waitman Bill Roberts Marty Benzel /s/ Dean Debord Dean Debord /s/ Sue King Sue King Attest: /s/ Brenda W. Kitchen CITY CLERK Brenda W. Kitchen STATE OF GEORGIA COUNTY OF CHEROKEE CERTIFICATE This is to certify that the Mayor and City Council of the City of Waleska, Georgia, adopted the enclosed charter on two successive regular meetings on December 1, 1986, and on January 5, 1987; thereafter, due to insufficient legal notice, and after publication as required by law, the matter of the Charter was placed on the agenda of regular meetings of the Mayor and City Council on April 6, 1987, and on May 4, 1987, and was adopted by the necessary majority of members, a quorum being present at each meeting. /s/ Jack H. Smith JACK H. SMITH Mayor, City of Waleska Attest: /s/ Brenda W. Kitchen BRENDA W. KITCHEN City Clerk, City of Waleska

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NOTICE The City Council of the City of Waleska will consider a complete revision to the Charter of the City of Waleska at its regular meetings on the first Monday of April and of May, 1987, to wit, April 6, 1987 and May 4, 1987. The revision will update the Charter of the City enacted in the 1888-1889 Session of The General Assembly of Georgia and as subsequently amended by the legislature. No change in the form of government will be effected by the revision but a definition with more particularity of the powers and duties of the City Council and of the City, as currently authorized by law and in the existing Charter, will be contained in the revision. A copy of the revised Charter is on file in the office of the City Clerk-Administrator of the City of Waleska and a copy has been forwarded to the Clerk of Court of Cherokee County and will be maintained in that office for the purpose of examination and inspection by the public. In addition to the proposed Charter, a cross-reference table will be provided for inspection. /s/ Brenda W. Kitchen BRENDA KITCHEN City Clerk-Administrator City of Waleska AFFIDAVIT I, Bruce Thomas certify that the attached advertising was published in The Cherokee Tribune, official organ of Cherokee County, Georgia, on the following dates: March 18, 1987, March 20, 1987, April 1, 1987. /s/ Bruce Thomas PUBLISHER, The Cherokee Tribune

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Sworn to and subscribed before me 13th day of May, 1987 /s/ Carolyn Manous NOTARY PUBLIC Filed in the Office of the Secretary of State June 5, 1987. CITY OF ACWORTHPROCEEDS FROM SALE OF WATER AND SEWER SYSTEMS; USE. WHEREAS, City of Acworth has sold its water and sewer systems, to Cobb County, Georgia, pursuant to provisions of that contract between City of Acworth and Cobb County, Georgia, dated March 24, 1987, the closing having occurred March 30, 1987; and, WHEREAS, as a result of said sale, City of Acworth, after paying or making provisions to pay off all of City of Acworth's 1963 water and sewer bonds constituting a lien against the water and sewerage systems, has on hand for deposit and investment the principal sum of $3,000,000.00; and WHEREAS, it is the desire of the Mayor and City Council of Acworth, and the numerous citizens of the City of Acworth polled, that the principal sum of $3,000,000.00 set forth above be deposited and invested in accordance with provisions of law, the interest to be used by City of Acworth on a current basis, in accordance with its needs, but the principal to remain intact unless by majority vote cast at a special referendum called for that purpose, the citizens approve use of some or all of said principal sum for the purposes advertised in the call for election and voted on at said referendum; NOW THEREFORE, BE IT ORDAINED, that Mayor and City Council of Acworth shall vote upon adoption of amendment to the Charter of City of Acworth set forth hereinafter which

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accomplishes the purposes set forth above, at the two regularly scheduled Council meetings to be held on April 16, 1987, and May 7, 1987, at 7:30 p.m., Acworth City Hall, Sen. Richard B. Russell Square, Acworth, Georgia. Upon affirmative votes of Mayor and City Council of Acworth at both such meetings, said proposed amendment shall become a part of the Charter of the City of Acworth, pursuant to the Home Rule provisions of 36-35-1, et. seq., O.C.G.A. A notice containing a synopsis of the proposed amendment shall be published in the Marietta Daily Journal, the official organ of the county of the legal situs of the City of Acworth once a week for three weeks within a period of 60 days immediately preceding its final adoption. The notice shall state that a copy of the proposed amendment is on file in the office of the Clerk of the City of Acworth and in the office of the Clerk of the Superior Court of Cobb County, Georgia, for the purpose of examination and inspection by the public. The Clerk of the City of Acworth shall furnish anyone, upon written request, a copy of the proposed amendment. The proposed amendment to the City of Acworth Charter shall add Section 24 to the Charter, as follows: Section 24 A. City of Acworth received and has on hand for deposit and investment the net sum of $3,000,000.00, from sale of its water and sewer systems to Cobb County, Georgia, at closing held March 30, 1987; B. Mayor and City Council of Acworth, after consulting with numerous City of Acworth citizens, deem it in the best interests of the City of Acworth and its citizens that said principal sum of $3,000,000.00 be retained intact and not be spent unless the expenditure of some or all of said principal sum for a particular purpose or purposes, as advertised, is approved by a majority of those voting in a special election to be called and held in accordance with State of Georgia Election Laws as now or hereafter constituted; C. None of said principal sum shall be spent or encumbered, unless and until Mayor and City Council of Acworth, at a regularly

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scheduled meeting of Mayor and City Council of Acworth, have duly adopted a resolution calling for the expenditure of a specified amount of said principal amount, and the purpose or purposes for which such expenditure or expenditures is to be made is designated, and unless and until thereafter a majority of those casting votes who are electors qualified to vote in City of Acworth elections, affirmatively vote to allow such expenditure or expenditures for the purpose or purposes designated. D. The election superintendent of the City of Acworth, shall issue the call for an election to be held on a Saturday, at Acworth City Hall, between the hours of 7:00 a.m. and 7:00 p.m., not less than 30 nor more than 60 days following adoption of a resolution by Mayor and City Council of Acworth, calling for expenditure of a specified amount of said principal sum for a designated purpose or purposes. E. The election superintendent of the City of Acworth shall conduct an election for the purpose of submitting such proposed expenditure of said specified amount for designated purpose or purposes of the principal sum of $3,000,000.00 to the electors of the City of Acworth for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the City of Acworth and otherwise comply with the Georgia Election Code. The ballot shall have written or printed thereon the words (and the blanks shall be filled in to accord with the resolution of Mayor and City Council of Acworth) following: () YES Shall the proposed expenditure by City of Acworth of $for the purpose ofbe approved? () NO F. All persons desiring to vote for approval of the said proposed expenditure for such designated purpose or purposes shall vote Yes, and those persons desiring to vote for rejection of said proposed expenditure for such designated purpose or purposes shall vote No. If more than one-half of the votes cast on such question are for approval of the said proposed expenditures, Mayor and City Council of Acworth may expend said

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amount for said purposes. If the said proposed expenditure is not so approved, Mayor and City Council of Acworth shall not be authorized to make such expenditure. G. The expense of such election shall be borne by the City of Acworth. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. H. These provisions do not restrict in any way the use by Mayor and Council of City of Acworth of interest income on said principal sum of $3,000,000.00, and interest may be used by Mayor and City Council of Acworth in any manner it deems fit without prior voter approval at any election. I. A certified copy of this Charter amendment shall be furnished to all depositaries holding any of said principal fund. THIS IS TO CERTIFY THAT THE ATTACHED PROPOSED AMENDMENT IS ON FILE WITH THE CITY OF ACWORTH AND HAS BEEN ON FILE SINCE APRIL 16th, 1987. THE ATTACHED IS A TRUE AND CORRECT COPY OF SAID PROPOSED AMENDMENT. /s/ Frana V. Brown FRANA V. BROWN CITY CLERK THIS IS TO CERTIFY THAT THE ATTACHED PHOTOCOPY IS A TRUE AND CORRECT COPY OF THE MINUTES OF THE CITY OF ACWORTH CITY COUNCIL MEETING HELD ON APRIL 16, 1987. /s/ Frana V. Brown FRANA V. BROWN CITY CLERK MINUTES REGULAR COUNCIL MEETING APRIL 16, 1987 COUNCIL COMMENTS

Page 5357

Donahoo Mr. Donahoo read the following letter: 4-6-87 This is a letter to request renewal of a trailer permit (hardship) at 4937 Bartow Road. The same two people live there and the same conditions as when the permit was issued. Thank you for your consideration. Sincerely, Beth Barron Mr. Donahoo made a motion to renew the above request. Mr. Breedlove seconded the motion. Motion passed unanimously. CHARTER ORDINANCE FOR INVESTMENT OF WATER/SEWER PLANT FUNDS Mr. Hill made a motion to adopt a home rule to the charter summarized as follows: The proposed amendment will add a Section 24 to the Acworth Charter. Such section will provide that, if Mayor and City Council of Acworth adopt a resolution to expend a portion of the $3,000,000.00 principal sum City of Acworth has received from the sale of its water and sewage systems which occurred on March 30, 1987, before any such expenditure shall be authorized, a majority of votes cast must approve such expenditure at a special election called and held, on a Saturday, in accordance with applicable provisions of the Georgia Election Code. At such election the question to be voted on shall be: Shall the proposed expenditure by City of Acworth of $for the purpose ofbe approved? The proposed amendment to the Charter shall not restrict in any way the use by Mayor and Council of Acworth of interest income on said principal sum of $3,000,000.00 and interest may be used by Mayor and City Council of Acworth in any manner it deems fit without prior voter approval at any election. A copy of the proposed Charter amendment is on file in the office of the Clerk of the City of Acworth and in the office of the Clerk of the Superior Court of Cobb County, Georgia,

Page 5358

for the purpose of examination and inspection by the public. The Clerk of the City of Acworth and of the Superior Court of Cobb County, Georgia, shall furnish anyone, upon written request, a copy of the proposed Charter amendment. Mr. Donahoo seconded the motion. Motion passed unanimously. THIS IS TO CERTIFY THAT THE ATTACHED PHOTOCOPY IS A TRUE AND CORRECT COPY OF THE MINUTES OF THE CITY OF ACWORTH CITY COUNCIL MEETING HELD ON MAY 7, 1987. /s/ Frana V. Brown FRANA V. BROWN CITY CLERK MINUTES REGULAR COUNCIL MEETING MAY 7, 1987 CHARTER ORDINANCE FOR INVESTMENT OF WATER/SEWER PLANT FUNDS Mr. Hill made a motion to adopt the home rule to the charter summarized as follows: The proposed amendment will add a Section 24 to the Acworth Charter. Such section will provide that, if Mayor and City Council of Acworth adopt a resolution to expend a portion of the $3,000,000.00 principal sum City of Acworth has received from the sale of its water and sewage systems which occurred on March 30, 1987, before any such expenditure shall be authorized, a majority of votes case must approve such expenditure at a special election called and held, on a Saturday, in accordance with applicable provisions of the Georgia Election Code. At such election the question to be voted on shall be: Shall the proposed expenditure by City of Acworth of $for the purpose ofbe approved? The proposed amendment to the Charter shall not restrict in any way the use by Mayor and Council of Acworth of interest income on said principal sum of $3,000,000.00 and interest may be used by Mayor and City Council of Acworth in any manner it deems fit without prior voter approval at any election.

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A copy of the proposed Charter amendment is on file in the office of the Clerk of the City of Acworth and in the office of the Clerk of the Superior Court of Cobb County, Georgia, for the purpose of examination and inspection by the public. The Clerk of the City of Acworth and of the Superior Court of Cobb County, Georgia, shall furnish anyone, upon written request, a copy of the proposed Charter amendment. Mr. Donahoo seconded the motion. Motion passed unanimously. Mr. Hill stated that this was the second vote on this issue. Mr. Palmer said that what we are trying to do is safeguard the $3,000,000.00 we received from the sale of the Water/Sewer System and by doing this, the only way that $3,000,000.00 can be spent would be by a vote of the citizens of the City of Acworth. A majority of them would have to approve the expenditure and the purpose of the expenditure before it could be spent. Bearden Mr. Bearden commended B. C. Garrett of the Street Department. He has been with the City for 16 years. Mr. Bearden made a motion to buy 2 riding lawnmowers, 2 large weedeaters, 1 small weedeater, and one push lawnmower, not to exceed $4,100. These are to be used for Streets, Recreation and the Cemetery. Mr. Breedlove seconded the motion. Motion passed unanimously. TO ALL CITIZENS OF THE CITY OF ACWORTH Take Notice that Mayor and City Council of Acworth shall consider and vote upon the adoption of an amendment to its Charter, pursuant to Home Rule provisions of State Law, particularly, 36-35-1, O.C.G.A., at two regularly scheduled meetings of Mayor and City Council of Acworth, to be held April 16, 1987, and May 17, 1987, at 7:30 pm at Acworth City Hall, Senator Richard B. Russell Street, Acworth, Georgia. You are invited to attend and comment. The proposed amendment must be affirmatively passed at both such meetings by a majority vote of Mayor and City Council of Acworth before it will become a part of the Acworth Charter.

Page 5360

The proposed amendment will add a Section 24 to the Acworth Charter. Such Section will provide that, if Mayor and City Council of Acworth adopt a resolution to expend a portion of the $3,000,000.00 principal sum City of Acworth has received from the sale of its water and sewerage systems, which occurred on March 30, 1987, before any such expenditure shall be authorized, a majority of votes cast must approve such expenditure at a special election called and held, on a Saturday, in accordance with applicable provisions of the Georgia Election Code. At such election the question to be voted on shall be: Shall the proposed expenditure by City of Acworth of $ for the purpose of be approved? The proposed amendment to the Charter shall not restrict in any way the use by Mayor and Council of Acworth of interest income on said principal sum of $3,000,000.00, and interst may be used by Mayor and City Council of Acworth in any manner it deems fit without prior voter approval at any election. A copy of the proposed Charter amendment is on file in the office of the Clerk of the City of Acworth and in the office of the Clerk of the Superior Court of Cobb County, Georgia, for the purpose of examination and inspection by the public. The Clerk of the City of Acworth and of the Superior Court of Cobb County, Georgia, shall furnish anyone, upon written request, a copy of the proposed Charter amendment. Frana Brown, Clerk City of Acworth Sen. Richard B. Russell Square Acworth, Georgia 30101 Tel. No. 404-974-3112 4:10, 17, 24 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF COBB Before me the undersigned, a Notary Public, this day came Otis A. Brumby, Jr., personally known to me who being first

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duly sworn according to law, says that he is Publisher of Times-Journal, Inc. Publisher of The Marietta Daily Journal, the official newspaper of which Sheriff's advertisements in and for said County are published and a newspaper of general circulation with its principal place of business in said county, and that there has been three insertions Notice4:10, 17, 24, once a week for three successive weeks. /s/ Otis A. Brumby, Jr. Sworn to and subscribed before me this 22 day of May, 1987 /s/ Bobbie Bliven Notary Public, Georgia, State at Large My Commission Expires Mar. 5, 1989 Filed in the Office of the Secretary of State June 9, 1987. CITY OF GRIFFINSEWER SERVICE AND ASSESSMENTS. No. 87-7 HOME RULE ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF GRIFFIN, ACTS 1921, P. 959, AS AMENDED BY ACTS 1960, P. 2750, TO PROVIDE AUTHORITY TO INSTALL AND LAY SEWER LINES, TO PROVIDE FOR ASSESSMENT OF PROPERTY OWNERS BENEFITTING FROM ACCESS TO SAID LINES, TO PROVIDE THE BASIS FOR ASSESSMENTS, TO PROVIDE FOR COLLECTION OF ASSESSMENTS, TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES. WHEREAS, the Board of Commissioners of the City is empowered to protect the health of said City, to prevent the spread

Page 5362

of and to suppress infectious, contagious or dangerous diseases in and about said City (Acts 1921, p. 959 22); WHEREAS, the Board of Commissioners of the City is empowered to provide for the installation and laying of sewer lines (Acts 1960, p. 2750) and to own, manage, maintain, operate, improve and extend a system of sewerage in said city (Acts 1921, p. 959, 30); WHEREAS, the Board of Commissioners is further empowered to require connection with sewerage by property owners whose property is accessible to said sewer mains in order to safeguard the health and sanitation of the City (Acts 1921, p. 959, 22); WHEREAS, there exist areas within the municipal boundaries which are not currently accessible to sewer, which could be orderly developed if sewer is made accessible, and which pose a hazard to the health and sanitation of the City where the existing use of septic tanks have proven inadequate; and WHEREAS, a method of providing access to sewer by assessment of those property owners benefitting therefrom is needed, especially in those areas where sewer lines cannot be laid within the rights of way of public streets so as to serve those abutting property owners on either side of said streets; NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF COMMISSIONERS AND IT IS ORDAINED AS FOLLOWS: SECTION 1 . Section 7.4 of the Charter of the City, Acts 1921, p. 959, as amended by Acts 1960, p. 2750, is hereby repealed in its entirety and a new provision enacted to provide authority for sewer service. As amended, said Charter provision shall read as follows: AUTHORITY TO PROVIDE FOR SEWER SERVICE ; ASSESSMENTS . (1) The Board of Commissioners of the City of Griffin, or such other governing authority or authorities thereof as may hereafter be constituted, shall, in addition to any and all other

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powers or duties now vested in them, have the power and authority to provide by ordinance for the installation and laying of sewer lines; require payment for such sewer lines and assess the costs thereof against the owners of all properties benefitting from access to said sewer based upon such apportionment of the cost between the property owners and said City as is just and equitable; and to enforce the collection of such assessment by the issue and levy of execution in the same manner as provided for the collection of taxes; Provided, however, that no person shall be required to pay an assessment unless notice of the proposed assessment has been given all affected property owners, a public hearing conducted at which the merits of the project and objections can be addressed, and the Board of Commissioners determines that the affected property owners will specially benefit from the project. No assessment shall be imposed on those property owners through or adjacent to whose property the line passes but who do not benefit from said sewer. (2) The provisions of this section shall not apply to any assessment imposed or sought to be enforced prior to the effective date of this ordinance. SECTION 2 . This Ordinance shall be enacted pursuant to The Municipal Home Rule Act of 1965, as amended to date of adoption. Upon being duly adopted, this provision shall be codified as Section 7.4 of the Charter, in accordance with the Adopting Ordinance enacted November 26, 1968. First Reading: May 12, 1987 Second Reading: May 26, 1987 CERTIFICATION I, FRANK C. SCHOFIELD, do hereby certify that I serve as City Manager of the City of Griffin and in that capacity also serve as Secretary to the Board of City Commissioners and custodian of the official minutes of said Board. I do hereby further certify that the attached is a true and correct copy of Home Rule Ordinance No. 87-7 duly passed by the Board of City Commissioners at their regular meeting held May 26, 1987, the original of which is attached to the minutes of said meeting.

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This 19th day of June, 1987. /s/ Frank C. Schofield Frank C. Schofield, City Manager Sworn to and subscribed before me this 19th day of June, 1987. /s/ Joyce H. Cochran Notary Public, Spalding County, Ga. (Seal) L-8860 PUBLIC NOTICE Notice is hereby given that the Board of Commissioners of the City of Griffin will consider a proposed amendment to the Charter by ordinance, pursuant to the Municipal Home Rule Act of 1965, at its regular meetings on May 12, 1987 and May 26, 1987, at 7:30 p.m., in the Courtroom, 213 East Solomon Street, Griffin, Georgia. The purpose of the proposed amendment is to restate the authority of the City to install and lay sewer lines by assessing the cost thereof against the property owners benefitting from access to sewer, to provide for collection of assessments, and to provide notice and hearing to property owners before imposing such assessments. A copy of the proposed amendment is on file, for public inspection, during regular business hours, in the office of the City Manager and the Clerk of Courts of Spalding County. A copy will be provided upon written request to the City Manager. This notice is given to comply with the requirements of O.C.G.A. Sec. 36-35-3. May 8, 15, 22, 1987. STATE OF GEORGIA, COUNTY OF SPALDING.

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PUBLISHER'S AFFIDAVIT Personally appeared PAUL BONNERUP, who, being duly sworn, deposes and states that he is the Publisher of The Griffin Daily News, a newspaper of general circulation in the City of Griffin, and that the attached copy of a legal advertisement was published in said newspaper on May 8, 15 and 22, 1987. Further Affiant saith not. /s/ Paul Bonnerup PAUL BONNERUP Sworn to and subscribed before me this 24th day of June, 1987. /s/ Cheryl C. Hutchison Notary Public Spalding County, Georgia Notary Public, Georgia, State at Large My Commission Expires Mar. 20, 1988. (Seal) Filed in the Office of the Secretary of State June 25, 1987. CITY OF CARTERSVILLEHOMESTEAD EXEMPTION; LOCAL CONSTITUTIONAL AMENDMENT CONTINUED. ORDINANCE of the City of Cartersville, Georgia ORDINANCE NO. 19-87 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CARTERSVILLE, GEORGIA, and it is hereby ordained by authority of the same as follows:

Page 5366

Pursuant to the Official Code of Georgia 36-35-3, the Amendment to the Constitution of the State of Georgia, authorized by H.R. No. 185-634, Res. No. 28, 1971, and duly approved by the voters; said Amendment authorizing a $2,000 homestead exemption from ad valorem taxes for residents of the City of Cartersville whose income does not exceed $4,000 and who are 62 years of age or older or who are totally disabled; is hereby continued in effect. ADOPTED this 4th day of June, 1987. First Reading. ADOPTED this 18th day of June, 1987. Second Reading. /s/ Alex T. Dent Alex T. Dent Mayor ATTEST: /s/ Clarence Walker Clarence Walker City Clerk June 22, 1987 CLERK'S CERTIFICATE I, Clarence Walker, the duly appointed, qualified, and City Clerk of the City of Cartersville, Georgia, do hereby certify that the attached is a true and exact copy of Ordinance No. 19-87 duly adopted by the City Council of the City of Cartersville on June 18, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Cartersville, Georgia, this 22nd day of June, 1987. /s/ Clarence Walker Clarence Walker City Clerk (SEAL)

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PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF BARTOW Personally appeared before me, the undersigned officer duly authorized to administer oaths, CHARLES HURLEY, who having been duly sworn, on oath states that the facts contained herein are true and correct of his own personal knowledge, TO-WIT: I am the Editor and Publisher of the Herald Tribune in Cartersville, Georgia. The Herald Tribune is the official weekly organ in which the legal advertisements are published. The advertisement, a copy of which is attached hereto as Exhibit A, was published in the Herald Tribune on May 28, 1987, June 4, 1987, and June 11, 1987. This 2nd day of July, 1987. /s/ Charles Hurley CHARLES HURLEY Sworn to and subscribed before me this 2nd day of July, 1987. /s/ Shepherd L. Howell Notary Public Notary Public, Georgia, State at Large My Commission Expires Jan. 9, 1989 (Seal) NOTICE OF PROPOSED ORDINANCE Notice is hereby given, pursuant to Official Code of OCGA 36-35-3, that the City Council of the City of Cartersville will be considering a proposed ordinance to continue the Constitutional Amendment, presently in effect, allowing a homestead exemption for residents of the City of Cartersville who are 62 years old or who are totally disabled and who have an income not exceeding $4,000.00 per annum. Qualified residents would be allowed a homestead exemption of $2,000.00 from ad volorem

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taxation by said City of Cartersville. A copy of the proposed ordinance is on file in the Office of the Clerk of the City of Cartersville and in the Office of the Clerk of the Superior Court of Bartow County for the purpose of examination and inspection by the public. The Clerk of the City of Cartersville will furnish anyone, upon written request, a copy of the proposed ordinance. The ordinance will be considered by the City Council at its regular meetings on June 4th, 1987 and June 18th, 1987. (s) Shepherd L. Howell Assistant City Attorney W-5/28,6/4,11 #3168 Exhibit A Filed in the Office of the Secretary of State July 6, 1987. CITY OF GAINESVILLEEMPLOYEES' RETIREMENT FUND; CITY CONTRIBUTION. H.R. No. 80-1 ORDINANCE TO AMEND CHAPTER 3, ARTICLE 6, SECTION 3.61 OF THE CHARTER OF THE CITY OF GAINESVILLE (GEORGIA LAWS 1979, PAGES 3322-3323) ENTITLED SALARY ASSESSMENTS; TO INCREASE THE CITY'S CONTRIBUTION TO ITS EMPLOYEES' RETIREMENT FUND FROM 7% TO 7.765%; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. Published 2/7/80 Published 2/14/80 Published 2/21/80 First Reading 3/4/80 Passed 3/18/80 BE IT ORDAINED by the City Commission of the City of Gainesville, Georgia, pursuant to the Municipal Home Rule Act

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of 1965, as amended, the following Ordinance amending the Charter of the City of Gainesville is herewith enacted: SECTION I: Chapter 3, Article 6, Section 3.61 of the Charter of the City of Gainesville, approved April 11, 1979, (Georgia Laws 1979, pages 3322-3323), is hereby amended by striking from Section 3.61 thereof the figure 7% in reference to the City of Gainesville contributions to its employees' retirement fund, and inserting in lieu thereof the figure 7.765%, so that said Section, as amended, shall read as follows: Section 3.61. Salary Assessments. The City of Gainesville shall, each month, levy upon the salary of each and every classified monthly salaried employee of said city an assessment of 6[UNK]% of said salary, which assessment shall be deducted from the salary of each employee by the city clerk or other officer in charge of the payment of such salaries. The City of Gainesville shall, through its City Commission, appropriate from the funds of the City of Gainesville, and pay into the retirement fund hereby created, a sum of money equal to 7.765% of the aggregate amount of the salaries of the employees affected hereby. Whenever additional benefits are recommended, the Board of Trustees will first determine the requirement for additional funding, if any, and shall recommend the method of obtaining the funding as a part of the overall additional benefits recommendation. No additional benefits shall be provided for which funding, if applicable, is not designated by the City Commission at the time benefits are approved. SECTION II: This ordinance shall be effective upon its approval by the City Commission of the City of Gainesville. SECTION III: All provisions of the Charter of the City of Gainesville in conflict with this amending Ordinance are hereby repealed. SECRETARY'S CERTIFICATE GEORGIA, HALL COUNTY

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I, William E. Lewis, Secretary to the Commission of the City of Gainesville, Georgia, DO HEREBY CERTIFY that the following pages constitute true and correct copies of ordinances adopted by the Commission of the City of Gainesville, Georgia, at an open public meeting duly called and lawfully assembled. The original of said ordinances being duly recorded in the Minute Book of the Commission of said City, which Minute Book is in my custody and control. /s/ W. Ernest Moore, Jr. Mayor /s/ Robert L. Hamrick Commissioner /s/ Emily D. Lawson Commissioner /s/ John W. Morrow, Jr. Commissioner /s/ Georgia Wangermann Commissioner WITNESS my hand and the official seal of the City of Gainesville, Georgia, this 5th day of May 1987. /s/ Joyce Shubert Deputy-Secretary to Commission PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL I hereby certify that the following Ordinances were published on the dates listed in The Times, the oficial newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall. THE TIMES By /s/ Willis B. McLemore Classified Advertising Manager

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Sworn to and subscribed before me this 29th day of June 1987. /s/ Charlotte R. Crooks Notary Public, Hall County, Georgia My Commission Expires Feb. 22, 1991 (Seal) ORDINANCE NO. HR. 80-01, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 80-02, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 82-01, Published 8-18-82, 8-25-82, 9-01-82; ORDINANCE NO. HR. 83-01, Published 5-3-83, 5-12-83, 5-19-83; ORDINANCE NO. HR. 84-01, Published 4-5-84, 4-12-84, 4-19-84; ORDINANCE NO. HR. 85-01, Published 10-17-85, 10-24-85, 10-31-85; ORDINANCE NO. HR. 86-01, Published 11-06-86, 11-13-86, 11-21-86 Public Notice NOTICE OF AMENDMENT TO CHARTER OF THE CITY OF GAINESVILLE ORDINANCE NUMBER HR 80-1 Notice is hereby given that the City Commission of the City of Gainesville will consider the passage of an amendment to the Charter Laws for the City of Gainesville at the regularly scheduled Commission meeting at City Hall on Tuesday, the 4th day of March 1980 at 9:00 o'clock A.M., and on Tuesday, the 18th day of March, 1980 at 9:00 A.M., a synopsis of the proposed Ordinance which reads as follows: AN ORDINANCE TO AMEND CHAPTER 3, ARTICLE 6, SECTION 3.61 OF THE CHARTER OF THE CITY OF GAINESVILLE (GEORGIA LAWS 1979, PAGES 3322-3323) ENTITLED SALARY ASSESSMENTS; TO INCREASE THE CITY'S CONTRIBUTION TO ITS EMPLOYEES' RETIREMENT FUND FROM 7% to 7.765%; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Hall County, Georgia and

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in the Office of the Clerk of the Gainesville City Commission for the purpose of examination and inspection by the public. Henry S. Pinyan, Jr. Clerk City of Gainesville Feb. 7, 14, 21 No. 162 Filed in the Office of the Secretary of State August 10, 1987. CITY OF GAINESVILLEEMPLOYEES' RETIREMENT FUND; BENEFITS. H. R. NO. 80-2 ORDINANCE TO AMEND CHAPTER 3, ARTICLE 6, SECTION 3.70(a) OF THE CHARTER OF THE CITY OF GAINESVILLE (GEORGIA LAWS 1979, PAGES 3327-3328) ENTITLED RETIREMENT BENEFITS; TO INCREASE THE MONTHLY BENEFITS OF RETIRED OR RETIRING EMPLOYEES BY 1% FOR EACH COMPLETED YEAR OF SERVICE IN EXCESS OF 25 YEARS AGGREGATE SERVICE UP TO, BUT NOT EXCEEDING 30 YEARS AGGREGATE SERVICE FOR THE CITY OF GAINESVILLE, GEORGIA; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. Published 2/7/80 Published 2/14/80 Published 2/21/80 First Reading 3/4/80 Passed 3/18/80 BE IT ORDAINED by the City Commission of the City of Gainesville, Georgia, pursuant to the Municipal Home Rule Act

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of 1965, as amended, the following Ordinance amending the Charter of the City of Gainesville is herewith enacted: SECTION I: Chapter 3, Article 6, Section 3.70(a) of the Charter of the City of Gainesville, approved April 11, 1979, (Georgia Laws 1979, pages 3327-3328), is hereby amended by adding to Section 3.70(a) thereof the following: The monthly benefit of any employee, retired or retiring, under the provisions of this act shall be increased 1% for each completed year of service in excess of 25 years aggregate service up to but not exceeding 30 years aggregate service for the City of Gainesville, Georgia, so that said Section, as amended, shall read as follows: Section 3.70. Retirement Benefits. (a) An employee retiring under the provisions of this Act shall receive monthly benefits for the remainder of his life in a sum of money equal to one-half the amount of his average monthly salary during the highest paid five (5) consecutive years such employee has participated in the Retirement Fund, provided the employee shall have completed twenty-five (25) years of aggregate service for the City of Gainesville. The monthly benefit of any employee, retired or retiring, under the provisions of this act shall be increased 1% for each completed year of service in excess of 25 years aggregate service up to but not exceeding 30 years aggregate service for the City of Gainesville, Georgia. If the employee has not, at the time of retirement, completed 25 years of aggregate service to the City of Gainesville, then the Board of Trustees shall cause to be paid to said employee a monthly sum of money equal to that percentage of one-half of his average monthly salary during the highest paid five (5) consecutive years such employee has participated in the Retirement Fund that his total years of service bear to 25 years. Said benefit shall be paid said retired employee from the Retirement Fund therein provided for on the first of each month until the death of said employee or as otherwise provided in Section 3.69(d)(6). SECTION II: This Ordinance shall be effective upon its approval by the City Commission of the City of Gainesville. SECTION III: All provisions of the Charter of the City of Gainesville in conflict with this amending Ordinance are hereby repealed.

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SECRETARY'S CERTIFICATE GEORGIA, HALL COUNTY I, William E. Lewis, Secretary to the Commission of the City of Gainesville, Georgia, DO HEREBY CERTIFY that the following pages constitute true and correct copies of ordinances adopted by the Commission of the City of Gainesville, Georgia, at an open public meeting duly called and lawfully assembled. The original of said ordinances being duly recorded in the Minute Book of the Commission of said City, which Minute Book is in my custody and control. /s/ W. Ernest Moore, Jr. Mayor /s/ Robert L. Hamrick Commissioner /s/ Emily D. Lawson Commissioner /s/ John W. Morrow, Jr. Commissioner /s/ George Wangermann Commissioner WITNESS my hand and the official seal of the City of Gainesville, Georgia, this 5th day of May 1987. /s/ Joyce Shubert Deputy-Secretary to Commission PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL I hereby certify that the following Ordinances were published on the dates listed in The Times, the oficial newspaper in which

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the Sheriff's advertisements in and for the City of Gainesville and the County of Hall. THE TIMES By /s/ Willis B. McLemore Classified Advertising Manager Sworn to and subscribed before me this 29th day of June 1987. /s/ Charlotte R. Crooks Notary Public, Hall County, Georgia My Commission Expires Feb. 22, 1991 (Seal) ORDINANCE NO. HR. 80-01, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 80-02, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 82-01, Published 8-18-82, 8-25-82, 9-01-82; ORDINANCE NO. HR. 83-01, Published 5-3-83, 5-12-83, 5-19-83; ORDINANCE NO. HR. 84-01, Published 4-5-84, 4-12-84, 4-19-84; ORDINANCE NO. HR. 85-01, Published 10-17-85, 10-24-85, 10-31-85; ORDINANCE NO. HR. 86-01, Published 11-06-86, 11-13-86, 11-21-86 NOTICE OF AMENDMENT TO CHARTER OF THE CITY OF GAINESVILLE ORDINANCE NUMBER HR 80-2 Notice is hereby given that the City Commission of the City of Gainesville will consider the passage of an amendment to the Charter Laws of the City of Gainesville at the regularly scheduled Commission meeting at City Hall on Tuesday, the 4th day of March 1980 at 9:00 o'clock A.M., and on Tuesday, the 18th day of March, 1980 at 9:00 o'clock A.M., a synopsis of the proposed Ordinance which reads as follows: AN ORDINANCE TO AMEND CHAPTER 3, ARTICLE 6, SECTION 3.70(a) OF THE CHARTER OF THE CITY OF GAINESVILLE (GEORGIA LAWS 1979, PAGES 3327-3328) ENTITLED

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RETIREMENT BENEFITS; TO INCREASE, THE MONTHLY BENEFITS OF RETIRED OR RETIRING EMPLOYEES BY 1% FOR EACH COMPLETED YEAR OF SERVICE IN EXCESS OF 25 YEARS AGGREGATE SERVICE UP TO, BUT NOT EXCEEDING 30 YEARS AGGREGATE SERVICE FOR THE CITY OF GAINESVILLE, GEORGIA; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Hall County, Georgia and in the Office of the Clerk of the Gainesville City Commission for the purpose of examination and inspection by the public. Henry S. Pinyan, Jr., Clerk City of Gainesville Feb. 7, 14, 21 No. 163 Filed in the Office of the Secretary of State August 10, 1987. CITY OF GAINESVILLEEMPLOYEES' RETIREMENT FUND; BENEFITS. H. R. No. 82-1 ORDINANCE TO AMEND CHAPTER 3, ARTICLE 6, SECTION 3.70(a) OF THE CHARTER OF THE CITY OF GAINESVILLE ENTITLED RETIREMENT BENEFITS; TO INCREASE THE MONTHLY BENEFITS OF RETIRED OR RETIRING EMPLOYEES BY 1% OF HIS OR HER AVERAGE MONTHLY

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SALARY DURING THE HIGHEST PAID FIVE (5) CONSECUTIVE YEARS SUCH EMPLOYEE HAS PARTICIPATED IN THE RETIREMENT FUND FOR EACH COMPLETED YEAR OF SERVICE IN EXCESS OF 25 YEARS AGGREGATE SERVICE UP TO, BUT NOT EXCEEDING 30 YEARS AGGREGATE SERVICE FOR THE CITY OF GAINESVILLE, GEORGIA; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. Published 8-18-82 Published 8-25-82 Published 9-1-82 First Reading 8-17-82 Passed 10-5-82 BE IT ORDAINED by the City Commission of the City of Gainesville, Georgia, pursuant to the Municipal Home Rule Act of 1965, as amended, the following Ordinance amending the Charter of the City of Gainesville is herewith enacted: SECTION I: Chapter 3, Article 6, Section 3.70(a) of the Charter of the City of Gainesville, approved March 18, 1980, is hereby amended by adding to Section 3.70(a) thereof the following: The monthly benefit of any employee, retired or retiring, under the provisions of this act shall be increased by 1% of his or her average monthly salary during the highest paid five (5) consecutive years such employee has participated in the Retirement Fund for each completed year of service in excess of 25 years aggregate service up to but not exceeding 30 years aggregate service for the City of Gainesville, Georgia, so that said Section, as amended, shall read as follows: Section 3.70. Retirement Benefits. (a) An employee retiring under the provisions of this Act shall receive monthly benefits for the remainder of his life in a sum of money equal to one-half the amount of his average monthly salary during the highest paid five (5) consecutive years such employee has participated in the Retirement Fund, provided the employee shall have completed twenty-five (25) years of aggregate service for the City of Gainesville. The monthly benefit of any employee, retired or retiring, under the provisions of this act shall be increased by 1% of his or her average monthly salary during the highest paid five (5) consecutive years such employee has participated in the Retirement Fund for each completed year of service in excess of 25 years aggregate service up to but not exceeding 30 years aggregate service for the City of Gainesville, Georgia. If the employee has not, at the time of retirement, completed 25 years of

Page 5378

aggregate service to the City of Gainesville, then the Board of Trustees shall cause to be paid to said employee a monthly sum of money equal to that percentage of one-half of his average monthly salary during the highest paid five (5) consecutive years such employee has participated in the Retirement Fund therein provided for on the first of each month until the death of said employee or as otherwise provided in Section 3.69(d)(6). SECTION II: This Ordinance shall be effective as of June 30, 1982 upon its approval by the City Commission of the City of Gainesville. SECTION III: All provisions of the Charter of the City of Gainesville in conflict with this amending Ordinance are hereby repealed. SECRETARY'S CERTIFICATE GEORGIA, HALL COUNTY I, William E. Lewis, Secretary to the Commission of the City of Gainesville, Georgia, DO HEREBY CERTIFY that the following pages constitute true and correct copies of ordinances adopted by the Commission of the City of Gainesville, Georgia, at an open public meeting duly called and lawfully assembled. The original of said ordinances being duly recorded in the Minute Book of the Commission of said City, which Minute Book is in my custody and control. /s/ W. Ernest Moore, Jr. Mayor /s/ Robert L. Hamrick Commissioner /s/ Emily D. Lawson Commissioner /s/ John W. Morrow, Jr. Commissioner /s/ George Wangermann Commissioner

Page 5379

WITNESS my hand and the official seal of the City of Gainesville, Georgia, this 5th day of May 1987. /s/ Joyce Shubert Deputy-Secretary to Commission PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL I hereby certify that the following Ordinances were published on the dates listed in The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall. THE TIMES By /s/ Willis B. McLemore Classified Advertising Manager Sworn to and subscribed before me this 29th day of June 1987. /s/ Charlotte R. Crooks Notary Public, Hall County, Georgia My Commission Expires Feb. 22, 1991 (Seal) ORDINANCE NO. HR. 80-01, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 80-02, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 82-01, Published 8-18-82, 8-25-82, 9-01-82; ORDINANCE NO. HR. 83-01, Published 5-3-83, 5-12-83, 5-19-83; ORDINANCE NO. HR. 84-01, Published 4-5-84, 4-12-84, 4-19-84; ORDINANCE NO. HR. 85-01, Published 10-17-85, 10-24-85, 10-31-85; ORDINANCE NO. HR. 86-01, Published 11-06-86, 11-13-86, 11-21-86 NOTICE OF AMENDMENT TO CHARTER OF THE CITY OF GAINESVILLE ORDINANCE NUMBER H.R. 82-1 Notice is hereby given that the City Commission of the City of Gainesville will consider the passage of an amendment to

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the Charter Laws for the City of Gainesville at the regularly scheduled Commission meeting at City Hall on Tuesday, the 21st day of September, 1982, at 9:00 a.m., and on Tuesday, the 5th day of October, 1982, at 9:00 a.m., a synopsis of the proposed Ordinance, which reads as follows: To amend Chapter 3, Article 6, Section 3.70(a) of the Charter of the City of Gainesville entitled Retirement Benefits; To increase the monthly benefits of retired or retiring employees by one percent of his or her average monthly salary during the highest paid five (5) consecutive years such employee has participated in the retirement fund for each completed year of service in excess of 25 years aggregate service up to, but not exceeding 30 years aggregate service for the City of Gainesville, Georgia; To provide for an effective date; To repeal conflicting ordinances; And for other purposes. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Hall County, Georgia, and in the Office of the Clerk of the Gainesville City Commission for the purpose of examination and inspection by the public. Henry S. Pinyan Jr., Clerk City of Gainesville 8/25, 9/1, 8 3tc Filed in the Office of the Secretary of State August 10, 1987.

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CITY OF GAINESVILLEMAYOR AND COMMISSIONERS; COMPENSATION; EXPENSES. H. R. NO. 83-1 HOME RULE ORDINANCE TO AMEND CHAPTER 2, ARTICLE I, SECTION 2.12, OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA (GEORGIA LAWS, 1979 pp. 3302, et. seq.) ENTITLED COMPENSATION; TO PROVIDE FOR MONTHLY COMPENSATION TO THE MAYOR AND COMMISSIONER; TO PROVIDE FOR AN EXPENSE ALLOWANCE FOR THE MAYOR AND COMMISSIONERS; TO PROVIDE FOR REIMBURSEMENT FOR OUT OF POCKET EXPENSES TO THE MAYOR AND COMMISSIONERS; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. Published May 5, 1983 Published May 12, 1983 Published May 19, 1983 First Reading 6-7-83 Passed 6-21-83 BE IT ORDAINED by the City Commission of the City of Gainesville, Georgia, pursuant to the Municipal Home Rule Act of 1965, as amended, the following Ordinance amending the Charter of the City of Gainesville is hereby enacted. SECTION I: Amending Chapter 2, Article 1, Section 2.12 of the Charter of the City of Gainesville . Chapter 2, Article 1, Section 2.12 of the Charter of the City of Gainesville, approved April 11, 1979, is hereby amended by striking said section in its entirety and inserting in lieu thereof the following: Section 2.12. Compensation; expense allowance; reimbursement . (a) The Commissioners shall receive as compensation for their services an amount to be fixed in accordance with state

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law. Initially, under this charter, four (4) Commissioners shall receive Four Hundred Dollars ($400.00) per month, and the Commissioner serving as Mayor shall receive Five Hundred Dollars ($500.00) per month. (b) To help defray the day-to-day costs necessary to properly carry out their duties as Commissioners outside of regular meetings, the four (4) Commissioners (exclusive of the Mayor) shall receive an expense allowance of Seventy-Five dollars ($75.00) per month and the Commissioner serving as Mayor shall receive an expense allowance of One Hundred Dollars ($100.00) per month. (c) In addition to other compensation and allowances, each Commissioner shall be reimbursed from City funds for actual transportation costs while traveling by public carrier, the legal mileage rate from his residence for use of a personal automobile, and the actual costs of lodging, meals and sundry items incurred while attending to City matters outside of Hall County, Georgia. SECTION II: Effective date . This ordinance shall become effective on January 1, 1984. SECTION III: Repealing Clause . All provisions of the Charter of the City of Gainesville, Georgia in conflict herewith are hereby expressly repealed. SECRETARY'S CERTIFICATE GEORGIA, HALL COUNTY I, William E. Lewis, Secretary to the Commission of the City of Gainesville, Georgia, DO HEREBY CERTIFY that the following pages constitue true and correct copies of ordinances adopted by the Commission of the City of Gainesville, Georgia, at an open public meeting duly called and lawfully assembled. The original of said ordinances being duly recorded in the Minute Book of the Commission of said City, which Minute Book is in my custody and control. /s/ W. Ernest Moore, Jr. Mayor
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/s/ Robert L. Hamrick Commissioner /s/ Emily D. Lawson Commissioner /s/ John W. Morrow, Jr. Commissioner /s/ George Wangermann Commissioner WITNESS my hand and the official seal of the City of Gainesville, Georgia, this 5th day of May 1987. /s/ Joyce Shubert Deputy-Secretary to Commission PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL I hereby certify that the following Ordinances were published on the dates listed in The Times, the oficial newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall. THE TIMES By /s/ Willis B. McLemore Classified Advertising Manager Sworn to and subscribed before me this 29th day of June 1987. /s/ Charlotte R. Crooks Notary Public, Hall County, Georgia My Commission Expires Feb. 22, 1991 (Seal) ORDINANCE NO. HR. 80-01, Published 2-7-80, 2-14-80, 2-21, 80; ORDINANCE NO. HR. 80-02, Published 2-7-80, 2-14-80, 2-21-80

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; ORDINANCE NO. HR. 82-01, Published 8-18-82, 8-25-82, 9-01-82; ORDINANCE NO. HR. 83-01, Published 5-3-83, 5-12-83, 5-19-83; ORDINANCE NO. HR. 84-01, Published 4-5-84, 4-12-84, 4-19-84; ORDINANCE NO. HR. 85-01, Published 10-17-85, 10-24-85, 10-31-85; ORDINANCE NO. HR. 86-01, Published 11-06-86, 11-13-86, 11-21-86 LEGAL NOTICE THE CAPTION OR TITLE OF THE FOLLOWING ORDINANCE IS HEREBY PUBLISHED PRIOR TO PASSAGE AS REQUIRED BY CHARTER OF CITY OF GAINESVILLE HR NO. 83-1 TO AMEND CHAPTER 2, ARTICLE I, SECTION 2.12, OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA (GEORGIA LAWS, 1979 pp. 3302, et. seq.) ENTITLED COMPENSATION; TO PROVIDE FOR MONTHLY COMPENSATION TO THE MAYOR AND COMMISSIONER; TO PROVIDE FOR AN EXPENSE ALLOWANCE FOR THE MAYOR AND COMMISSIONERS; TO PROVIDE FOR REIMBURSEMENT FOR OUT OF POCKET EXPENSES TO THE MAYOR AND COMMISSIONERS; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. May 5, 12, 19 Filed in the Office of the Secretary of State August 10, 1987.

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CITY OF GAINESVILLEEMPLOYEES' RETIREMENT FUND; REPAYMENT OF WITHDRAWN CONTRIBUTIONS. H.R. No. 84-01 ORDINANCE TO AMEND CHAPTER 3, ARTICLE 6, SECTION 3.71(a) OF THE CHARTER OF THE CITY OF GAINESVILLE ENTITLED RETIREMENT BENEFITS; TO LIMIT TO ONE YEAR THE TIME WITHIN WHICH A REEMPLOYED EMPLOYEE MAY REPAY A WITHDRAWN CONTRIBUTION; TO PROVIDE FOR INTEREST ON THE WITHDRAWN CONTRIBUTION; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. Published April 5, 1984 Published April 12, 1984 Published April 19, 1984 First Read May 1, 1984 Passed May 15, 1984 BE IT ORDAINED by the City Commission of the City of Gainesville, Georgia, pursuant to the Municipal Home Rule Act of 1965, as amended, the following Ordinance amending the Charter of the City of Gainesville is herewith enacted: SECTION I: Chapter 3, Article 6, Section 3.71 (a) of the Charter of the City of Gainesville, approved March 18, 1980, is hereby amended by deleting Section 3.71 (a) in its entirety and substituting in lieu thereof a new Section 3.71 (a) as follows: (a) Any employee leaving the service of the City of Gainesville, for any reason other than by retirement by the Board of Trustees, shall be refunded the actual amount of money he has paid into the retirement fund; provided, however, that any employee who leaves the service of the City of Gainesville and withdraws the amount of his contributions to the retirement fund, as in this section provided, shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum, plus interest on said sum at the rate of 1% per month from date of withdrawal to the

Page 5386

date of repayment into said retirement fund within one year after being reemployed. SECTION II: This ordinance shall be effective immediately upon its approval by the City Commission of the City of Gainesville. SECTION III: All provisions of the Charter of the City of Gainesville in conflict with this amending ordinance are hereby repealed. SECTION IV: This ordinance shall be codified as a part of the Charter of the City of Gainesville. SECRETARY'S CERTIFICATE GEORGIA, HALL COUNTY I, William E. Lewis, Secretary to the Commission of the City of Gainesville, Georgia, DO HEREBY CERTIFY that the following pages constitue true and correct copies of ordinances adopted by the Commission of the City of Gainesville, Georgia, at an open public meeting duly called and lawfully assembled. The original of said ordinances being duly recorded in the Minute Book of the Commission of said City, which Minute Book is in my custody and control. /s/ W. Ernest Moore, Jr. Mayor /s/ Robert L. Hamrick Commissioner /s/ Emily D. Lawson Commissioner /s/ John W. Morrow, Jr. Commissioner /s/ George Wangermann Commissioner WITNESS my hand and the official seal of the City of Gainesville, Georgia, this 5th day of May 1987. /s/ Joyce Shubert Deputy-Secretary to Commission

Page 5387

PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL I hereby certify that the following Ordinances were published on the dates listed in The Times, the oficial newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall. THE TIMES By /s/ Willis B. McLemore Classified Advertising Manager Sworn to and subscribed before me this 29th day of June 1987. /s/ Charlotte R. Crooks Notary Public, Hall County, Georgia My Commission Expires Feb. 22, 1991 (Seal) ORDINANCE NO. HR. 80-01, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 80-02, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 82-01, Published 8-18-82, 8-25-82, 9-01-82; ORDINANCE NO. HR. 83-01, Published 5-3-83, 5-12-83, 5-19-83; ORDINANCE NO. HR. 84-01, Published 4-5-84, 4-12-84, 4-19-84; ORDINANCE NO. HR. 85-01, Published 10-17-85, 10-24-85, 10-31-85; ORDINANCE NO. HR. 86-01, Published 11-06-86, 11-13-86, 11-21-86 LEGAL NOTICE THE CAPTION OR TITLE OF THE FOLLOWING ORDINANCE IS HEREBY PUBLISHED PRIOR TO PASSAGE AS REQUIRED BY CHARTER OF CITY OF GAINESVILLE: Ordinance No. H.R. 84-01 To amend Chapter 3, Article 6, Section 3.71 (A) of the Charter of the City of Gainesville entitled retirement benefits; to limit

Page 5388

to one year the time within which a reemployed employee may repay a withdrawn contribution; to provide for interest on the withdrawn contribution; to provide for an effective date; to repeal conflicting ordinances; and for other purposes. #386 April 5, 12, 19 Filed in the Office of the Secretary of State August 10, 1987. CITY OF GAINESVILLEEMPLOYEES' RETIREMENT FUND; SPOUSE'S BENEFITS. H. R. No. 85-01 AN ORDINANCE TO AMEND CHAPTER 3, ARTICLE 6, SECTION 3.70(f) AND SECTION 3.71(a) OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, ENTITLED RETIREMENT SYSTEM; TO PROVIDE FOR A PENSION FOR THE SPOUSE OF AN EMPLOYEE WITH 25 YEARS OR MORE OF SERVICE WHO DIES BEFORE RETIREMENT AND WHO HAD MADE THE ELECTION FOR A REDUCED PENSION; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Published Oct. 17, 1985 Published Oct. 24, 1985 Published Oct. 31, 1985 First Reading Nov. 5, 1985 Passed Nov. 19, 1985 BE IT ORDAINED by the City Commission of the City of Gainesville, Georgia, as follows: SECTION I: Amending Section 3.70(f) . Section 3.70(f) of Chapter 3, Article 6 of the Charter of the City of Gainesville, Georgia, is hereby repealed in its entirety and there is inserted in lieu thereof the following:

Page 5389

(f) By filing an application with the Board of Trustees, an employee may elect to a joint and survivor option by designating his spouse as his contingent pensioner and elect to receive in lieu of the pension to which he may otherwise become entitled upon retirement, a reduced pension payable for life, with a percentage of such payments, 100%, 75%, 50%, to be continued after the employee's death to his contingent pensioner during the latter's lifetime. The aggregate of the pension payments expected to be paid to an employee and his contingent pensioner under the above option shall be the actuarial equivalent of the pension which the employee is otherwise entitled to receive upon retirement. In lieu of the provisions of paragraph (b) and (c) of this section, should an employee die without having retired after having 25 years of service and having made an election for a reduced pension under this paragraph, the contingent pensioner shall receive the pension as if the employee had retired before death on the day of his death. An employee may elect or revoke an option with the approval of the Board of Trustees, if his election or revocation is filed in writing with the Board of Trustees prior to retirement, and, the Board of Trustees may require evidence of the good health of the employee prior to such approval if such request is one year or less prior to retirement. An employee may elect or revoke an option without the approval of the Board of Trustees if his election or revocation is filed in writing with the Board of Trustees one year or more prior to retirement. An election of such option shall become inoperative in the event that the death of the contingent pensioner occurs before the employee's retirement. SECTION II: Amending Section 3.71 (a) . Section 3.71(a) of Chapter 3, Article 6 of the Charter of the City of Gainesville, Georgia, is hereby repealed in its entirety and there is inserted in lieu thereof the following: (a) Any employee leaving the service of the City of Gainesville, for any reason other than by death or retirement by the

Page 5390

Board of Trustees, shall be refunded the actual amount of money he has paid into the Retirement Fund; provided, however, that any employee who leaves the service of the City of Gainesville and withdraws the amount of his contributions to the Retirement fund as in this section provided, shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum, plus interest on said sum at the rate of one percent per month from date of withdrawal to the date of repayment of said Retirement Fund within one year after being reemployed. SECTION III: Codification The foregoing ordinance shall be codified as a part of Chapter 3, Article 6 of the Charter of the City of Gainesville, Georgia. SECTION IV: Repealer . All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. SECTION V: Effective Date . This ordinance shall become effective upon final passage by the City Commission of the City of Gainesville, Georgia. SECRETARY'S CERTIFICATE GEORGIA, HALL COUNTY I, William E. Lewis, Secretary to the Commission of the City of Gainesville, Georgia, DO HEREBY CERTIFY that the following pages constitue true and correct copies of ordinances adopted by the Commission of the City of Gainesville, Georgia, at an open public meeting duly called and lawfully assembled. The original of said ordinances being duly recorded in the Minute Book of the Commission of said City, which Minute Book is in my custody and control. /s/ W. Ernest Moore, Jr. Mayor /s/ Robert L. Hamrick Commissioner
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/s/ Emily D. Lawson Commissioner /s/ John W. Morrow, Jr. Commissioner /s/ George Wangermann Commissioner WITNESS my hand and the official seal of the City of Gainesville, Georgia, this 5th day of May 1987. /s/ Joyce Shubert Deputy-Secretary to Commission PUBLISHERS AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL I hereby certify that the following Ordinances were published on the dates listed in The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall. THE TIMES By /s/ Willis B. McLemore Classified Advertising Manager Sworn to and subscribed before me this 29th day of June 1987. /s/ Charlotte R. Crooks Notary Public, Hall County, Georgia My Commission Expires Feb. 22, 1991 (Seal) ORDINANCE NO. HR. 80-01, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 80-02, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 82-01, Published 8-18-82, 8-25-82, 9-01-82; ORDINANCE NO. HR. 83-01, Published 5-3-83,

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5-12-83, 5-19-83; ORDINANCE NO. HR. 84-01, Published 4-5-84, 4-12-84, 4-19-84; ORDINANCE NO. HR. 85-01, Published 10-17-85, 10-24-85, 10-31-85; ORDINANCE NO. HR. 86-01, Published 11-06-86, 11-13-86, 11-21-86 LEGAL NOTICE The caption or title of the following ordinance is hereby published prior to passage as required by Charter of City of Gainesville. H.R. NO. 85-01 To amend Chapter 3, Article 6, Section 3.70 (f) and Section 3.71 (a) of the Charter of the City of Gainesville, Georgia, entitled Retirement System: to provide for a pension for the spouse of an employee with 25 years or more of service who dies before retirement and who had made the election for a reduced pension; to repeal conflicting ordinances; to provide for codification; to provide for an effective date; and for other purposes. #1994 Oct. 17, 24, 31 Filed in the Office of the Secretary of State August 10, 1987. CITY OF GAINESVILLEAD VALOREM TAXES; INSTALLMENTS. H. R. NO. 86-01 AN ORDINANCE AN ORDINANCE TO AMEND THE CHARTER LAWS BY ADDING SECTION 4.10(b)(2) ENTITLED ALTERNATE METHOD

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OF COLLECTION AND PAYMENT OF PROPERTY TAXES; BY PROVIDING FOR PAYMENT OF SAID TAXES IN TWO INSTALLMENTS; BY BASING PAYMENT OF THE FIRST INSTALLMENT UPON THE PREVIOUS YEAR'S TAX DIGEST; BY PROVIDING FOR THE BALANCE OF SAID TAX TO BE PAID IN ACCORD WITH THE CURRENT YEAR'S DIGEST; TO PROVIDE FOR SEVERABILITY; TO PROVIDE A REPEALING CLAUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Published 11-6-86 Published 11-13-86 Published 11-21-86 First Reading 12-2-86 Passed 12-16-86 BE IT ORDAINED BY THE COMMISSION OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS: SECTION I. Adding Charter Law Section 4.10(b)(2) The Charter laws of the City of Gainesville, Georgia are hereby amended by adding a Section, which shall be numbered Section 4.10(b)(2) and which shall read as follows: As an alternative to the method of collection and payment of ad valorem taxes authorized in Section 4.10(a), the collection and payment of ad valorem taxes on tangible property other than motor vehiciles may be made in two (2) installments provided for in this subsection. The time for collection and payment of such taxes on personal property may be adjusted or modified or the first installment billing may be eliminated because conditions in a particular year so warrant. The City Clerk shall make decisions regarding adjustments, modifications, or eliminations authorized herein and such decision shall be subject to the approval or disapproval by the City Commission. The taxes levied on real property for the first installment as author herein shall be due and payable on July 1st, which taxes shall be one-half the taxes due the preceding tax year; provide however, that no first installment shall be issued to any person if such tax is less than Fifty Dollars ($50.00). All ad valorem taxes remaining unpaid after the first installment shall be due and payable at the time of final installment, which shall not be later than December 20th. Those taxes due on the final installment shall be the total taxes due on the property for the current year after credit has been given for any tax payment made in accordance with the first installment as provided for herein. Nothing contained in this subsection shall be construed to impose any liability for the payment of any ad valorem taxes upon any person or

Page 5394

property that was not owned on January 1st of the applicable tax year. Any taxpayer failing to pay said ad valorem taxes when finally due shall be charged interest at the highest legal rate that is now or hereafter established by State law on an annual rate on the taxes due from the final due date until paid. After the final due date each year, the book for the collection of taxes shall be closed; and the City Clerk shall have the duty to see that tax executions are promptly issued and promptly collected, the provisions herein respecting collection of same being mandatory, and the failure to properly perform the duties devolving upon any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of the officer or officers who shall fail to perform their duties in this regard. If this subsection is implemented, then subsection 4.10(b)(1) shall not apply. SECTION II. Renumbering Section 4.10(b) The Charter Laws of the City of Gainesville, Georgia are hereby amended as follows: Section 4.10(b) is hereby renumbered to be Section 4.10(b)(1). New subsection 4.10(b)(1) shall read as the current Section 4.10(b) reads. SECTION III. Severability If any phrase, clause, paragraph, or section of this ordinance is declared to be invalid, such declaration shall not affect, impair or invalidate any other phrase, clause, paragraph or section. SECTION IV. Repealing Clause All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION V. Effective Date. Upon approval by the City of Gainesville, Georgia and full compliance with the laws of the State of Georgia, this ordinance shall become effective.

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SECRETARY'S CERTIFICATE GEORGIA, HALL COUNTY I. William E. Lewis, Secretary to the Commission of the City of Gainesville, Georgia, DO HEREBY CERTIFY that the following pages constitue true and correct copies of ordinances adopted by the Commission of the City of Gainesville, Georgia, at an open public meeting duly called and lawfully assembled. The original of said ordinances being duly recorded in the Minute Book of the Commission of said City, which Minute Book is in my custody and control. /s/ W. Ernest Moore, Jr. Mayor /s/ Robert L. Hamrick Commissioner /s/ Emily D. Lawson Commissioner /s/ John W. Morrow, Jr. Commissioner /s/ George Wangermann Commissioner WITNESS my hand and the official seal of the City of Gainesville, Georgia, this 5th day of May 1987. /s/ Joyce Shubert Deputy-Secretary to Commission PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL I hereby certify that the following Ordinances were published on the dates listed in The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall. THE TIMES

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By /s/ Willis B. McLemore Classified Advertising Manager Sworn to and subscribed before me this 29th day of June 1987. /s/ Charlotte R. Crooks Notary Public, Hall County, Georgia My Commission Expires Feb. 22, 1991 (Seal) ORDINANCE NO. HR. 80-01, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 80-02, Published 2-7-80, 2-14-80, 2-21-80; ORDINANCE NO. HR. 82-01, Published 8-18-82, 8-25-82, 9-01-82; ORDINANCE NO. HR. 83-01, Published 5-3-83, 5-12-83, 5-19-83; ORDINANCE NO. HR. 84-01, Published 4-5-84, 4-12-84, 4-19-84; ORDINANCE NO. HR. 85-01, Published 10-17-85, 10-24-85, 10-31-85; ORDINANCE NO. HR. 86-01, Published 11-07-86, 11-13-86, 11-21-86 LEGAL NOTICE The caption or title of the following ordinance is hereby published prior to passage as required by charter of City of Gainesville. H.R. No. 86-01 An Ordinance to amend the charter laws by adding section 4.10 (b)(2) entitled Alternate method of collection and payment of property taxes; by providing for payment of said taxes in two installments; by basing payment of the first installment upon the previous year's tax digest; by providing for the balance of said tax to be paid in accord with the current year's digest; to provide for severability; to provide a repealing clause; to provide for an effective date; and for other purposes. #6469 11/7,14,21 Filed in the Office of the Secretary of State August 10, 1987.

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CITY OF POOLERBOARDS, COMMISSIONS, AND AUTHORITIES; HOLDERS OF ELECTED OFFICES. AN ORDINANCE TO AMEND ARTICLE III, CHAPTER THREE OF THE CHARTER OF THE CITY OF POOLER UNDER PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, SO AS TO PERMIT HOLDERS OF ELECTED OFFICE TO SERVE ON ANY BOARD COMMISSION OR AUTHORITY OF THE CITY; TO REPEAL CONFLICTING LAWS; TO SET AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. STATE OF GEORGIA) ) COUNTY OF CHATHAM) The MAYOR AND ALDERMEN OF THE CITY OF POOLER do hereby ordain as follows: I. Pursuant to the authority granted municipalities under The Municipal Home Rule Act of 1965, OCGA Section 36-35-3, Article III, Chapter Three Section 3.21(b) is amended by striking said paragraph (b) in its entirety and substituting in lieu thereof the following: (b) Any holder of elected office in the City of Pooler may serve on any board, commission or authority of the City. II. All ordinances or parts of ordinances and charter provisions in conflict herewith are hereby expressly repealed. III. This Amendment to the charter creating the municipality of Pooler, Georgia shall become effective upon its final passage by the Mayor and Aldermen of the City of Pooler after notice and advertisement as provided in OCGA Section 36-35-3.

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ADOPTED this 15 day of December, 1986 /s/ Jack W. Shearouse MAYOR, CITY OF POOLER, GEORGIA ATTEST: /s/ D. W. Massey CITY ADMINISTRATOR STATE OF GEORGIA) ) COUNTY OF CHATHAM) NOTICE OF AMENDMENT TO CHARTER OF THE CITY OF POOLER, GEORGIA THE MAYOR AND ALDERMEN OF THE CITY OF POOLER, GEORGIA will propose an Amendment to the Charter of said municipality to permit any holder of elected office to serve on board, commission or authority. A complete and full copy of the proposed Amendment is in file in the office of the Administrator of the City and a complete and full copy of the proposed Amendment is on file in the Office of the Clerk of the Superior Court of Chatham County, Georgia for the purpose of examination and inspection by the public. This 15 day of December, 1986. /s/ Jack Shearouse JACK SHEAROUSE, MAYOR CITY OF POOLER, GEORGIA ATTEST: /s/ D. W. Massey CITY ADMINISTRATOR Page Three Nov. 17, 1986 Councilman DeFilippis read a certificate to Mayor Shearouse that was presented to the Mayor from L.I.F.E. for his participation in the Handicap Awareness Day.

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Mr. Massey read correspondence from CAPDC to Mrs. Alford in regard to the denial of a request for a grant for small neighborhood parks. Councilman White presented to Council a proposed change in the City's Charter to enable elected officials to serve on a board, commission, etc. After discussion, Councilman White made a motion that this proposed change be accepted on 1st Reading. The motion was seconded and passed without opposition. Councilman Gammon asked the Council's help with up-dating the local business license fees. Several of the Councilmembers have made notations to the Finance Committee on this subject, however, more input is needed. Having no further business, the meeting was adjourned at approximately 8:38 p.m. Respectfully submitted, /s/ Connie Conley Connie Conley Clerk of Council This is a true copy of an original document /s/ Constance G. Ellis Constance G. Ellis Clerk of Council (Seal) December 15, 1986 MINUTES The regular meeting of the Pooler City Council was held December 15, 1986. Mayor Jack Shearouse called the meeting to order at 7:30 p.m. Present were Councilmembers Jimmy Anderson, Al DeFilippis, Randy Hadden Brodie Gammon, Terry Tuten and Rick White, City Manager, Dan Massey, and City Attorney, Ron Ginsberg. Councilman Tuten had the invocation and Mayor Shearouse led the Pledge of Allegiance.

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The minutes were read by the Clerk and approved. Councilman Gammon presented unbudgeted bills in the total amount of $4,613.11. After explanation of these unbudgeted items, Councilman Gammon made a motion that these bills as well as the regular budgeted bills be paid, subject to funds. Councilman Hadden seconded this motion and it passed without opposition. Mayor Shearouse welcomed our visitors, Ms. Sonya Gordon from the Savannah News-Press and Mrs. Martha Cohen from the Westside News. There were no departmental reports at this time. Under OLD BUSINESS the following was discussed: 1. 2nd Reading of proposed amended ordinance Mr. Glinsberg discussed the amended ordinance concerning the sale of alcoholic beverages within 250 ft. of a polling place on election day. Following the discussion, Councilman DeFilippis made a motion that this amended ordinance be accepted on 2nd Reading. Councilman Tuten seconded this motion and it passed without opposition. 2. 2nd Reading of ordinance changing Charter Mr. Ginsberg discussed this proposed ordinance concerning changing the Charter to allow elected officials to serve on various boards, commission, etc. Following this discussion, Councilman Gammon made a motion that this ordinance be accepted on 2nd Reading. Councilman White seconded this motion and it passed without opposition. Under NEW BUSINESS the following was discussed: 1. Change in election process Councilman DeFilippis presented to Council a suggestion to change the election process in which staggered terms of Aldermen would prevent an entire Council from being inexperienced. This would entail 3 Aldermen elected for 2 year terms and the following year 3 Aldermen and Mayor for 2 year terms. There was much discussion, and Mr. Ginsberg reminded everyone of the GMA proposed Legislation to lengthen the terms from 2 year to 4 year terms, and suggested that no action be taken until such time as this Legislature is presented and either adopted or rejected. 2. Change in sanitation costs Councilman DeFilippis presented to Council a suggestion that a committee be formed

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to look into the long range costs involved with sanitation operation. It was further discussed that sanitation was not the only department that This a true copy of an original document /s/ Constance G. Ellis Constance G. Ellis, Clerk of Council (Seal) Affidavit of Publication Savannah Morning News STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ASSISTANT GENERAL MANAGER of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Nov 30, 1986, Dec 7, 1986, Dec 14, 1986, and finds that the following Advertisement, to-wit: The City of Pooler proposes to change the Charter of the City's Code of Ordinances to permit any holder of elected office to serve on a board, commission or authority. The entire amendment is on public display at the City Hall between the hours of 9:00 A.M. and 5:00 P.M. Monday through Friday.

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Nov. 30 N; Dec. 7,14 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 19 day of Dec, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia LILLIE D. ATKINS Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 This is to certify that this is a true copy of an original document /s/ Constance G. Ellis Constance G. Ellis Clerk of Council (Seal) Affidavit of Publication Savannah Morning News STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, GENE STEWART, to me known, who being sworn, deposes and says: That he is the ASSISTANT GENERAL MANAGER of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto;

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That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on Nov 30, 1986, Dec 7, 1986, Dec 14, 1986, and finds that the following Advertisement, to-wit: The City of Pooler proposes to change the Charter of the City's Code of Ordinances to permit any holder of elected office to serve on a board, commission or authority. The entire amendment is on public display at the City Hall between the hours of 9:00 A.M. and 5:00 P.M. Monday through Friday. Nov. 30 N; Dec. 7,14 N appeared in each of said editions. /s/ Gene Stewart (Deponent) Sworn to and subscribed before me this 18 day of Dec, 1986. /s/ Lillie D. Atkins Notary Public, Chatham County, Georgia LILLIE D. ATKINS Notary Public, Chatham County, Ga. My Commission Expires Apr. 28, 1989 This is a true copy of an original document. /s/ Constance G. Ellis Constance G. Ellis Clerk of Council (Seal) Filed in the Office of the Secretary of State July 29, 1987.

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CITY OF ROMECITY COMMISSION; SALARY. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ROME, GEORGIA, AND PARTICULARLY SECTION 2-1(a) THEREOF; TO INCREASE THE SALARY OF EACH MEMBER OF THE CITY COMMISSION FROM FOUR THOUSAND EIGHT HUNDRED DOLLARS ($4,800.00) TO SIX THOUSAND SIX HUNDRED DOLLARS ($6,600.00) AND THE SALARY OF THE CHAIRMAN TO SEVEN THOUSAND TWO HUNDRED ($7,200.00) PER ANNUM: TO REPEAL CONFLICTING PROVISIONS; AND FOR OTHER PURPOSES. SECTION I : BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Section 2-1(a) of the Charter of the City of Rome, Georgia, be amended as follows: Section 2-1 Vesting of governing and legislative authority; commission members, eligibility, compensation, chairman, legal process; election and terms. (a) The governing and legislative authority of the city shall be vested in a commission of nine (9) members. Three (3) 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 said commission shall have attained the age of twenty-one (21) years, and shall have been residents and citizens of said city for at least two (2) 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 ninety (90) days prior to their qualification for election. Each member of said commission shall receive a salary of Six Thousand Six Hundred Dollars ($6,600.00) per annum (effective January 4, 1988). 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

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a salary of Seven Thousand Two Hundred Dollars ($7,200.00) (effective January 4, 1988), and one as chairman pro tempore. 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. SECTION II : BE IT FURTHER ORDAINED, and it is ordained by authority of same, that Section 14-4 of the Charter of the City of Rome, Georgia, be amended as follows: Section 14-4 Compensation. The chairman of the Board of Education shall receive an annual salary of one-half of the salary of the chairman of the Rome City Commission. All other members of the Board of Education shall receive an annual salary of one-half the salary of a member of the Rome City Commission. SECTION II : BE IT STILL FURTHER ORDAINED that all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. Adopted 6-15-87 399 NOTICE OF AMENDMENT TO CHARTER OF CITY OF ROME, GEORGIA Pursuant to Official Code of Georgia Annotated Sections 36-3-3 and 36-35-4, NOTICE is hereby given of a proposed amendment to the Charter of the City of Rome, Georgia, to increase the salary of the Chairman of the Rome City Commission to Seven

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Thousand Two Hundred Dollars ($7,200.00) per annum and of each other member to Six Thousand Six Hundred Dollars ($6,600.00) per annum; to change the salaries of the members and chairman of the Board of Education to one-half of their counterparts on the Commission. Final action will be taken on said charter amendment at the regularly scheduled meeting of the Rome City Commission on Monday, June 15, 1987. A copy of the proposal amendment is on file in the Office of the Clerk of the City of Rome, Georgia, and in the Office of the Clerk of the Superior Court of Floyd County, Georgia, for the purpose of examination and inspection by the public. May 28, June 4, 10 AFFIDAVIT OF PUBLICATION State of Georgia,[UNK] County of Floyd I E. Joseph Morgan do solemnly swear that I am the Secretary-Treasurer of THE ROME NEWS-TRIBUNE, printed and published at Rome, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Notice of Amendment to Charter of City of Rome, GA was inserted in THE ROME NEWS-TRIBUNE in space of 172 Words on dates as follows: May 28, June 4 and 10, 1987 Subscribed and sworn to before me /s/ E. Joseph Morgan This 19th day of August 1987 /s/ Debra Whitener Notary Public (Seal) Filed in the Office of the Secretary of State August 21, 1987.

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CITY OF AVONDALE ESTATESPUBLIC WORKS; BIDS; BONDS. AN ORDINANCE No. 811 TO AMEND THE CHARTER OF THE CITY OF AVONDALE ESTATES, GEORGIA, PURSUANT TO THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Avondale Estates and it is hereby ordained by the authority of same, acting pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended, that the Charter of the City of Avondale Estates, Georgia, as set forth in the Code of Ordinances of the City of Avondale Estates, Georgia, be, and the same is, hereby amended as follows: SECTION 1. Section 1-2001 of Chapter XX, relating to bids and bonds for public work, is hereby amended by raising the contract amount for which bids and bonds are required from more than $1,000 to more than $20,000; and by clarifying and amending the bonding requirements thereof to provide that performance bonds and payment bonds shall be required in an amount of at least the total amount payable by the terms of the contract, so that as amended said section shall be and read as follows: Section 1-2001 Bids; bonds. (a) Any public work or improvement costing more than $20,000 shall be executed by contract, except where a specific work or improvement is authorized by the Board of Mayor and Commissioners, based on detailed estimates submitted by the department authorized to execute such work or improvement, and approved by the City Manager. All contracts for more than $20,000 shall be awarded to the lowest responsible bidder after publication, advertisement and competition, as may be prescribed by ordinance; but the City Manager shall have the power to reject all of the bids, and advertise again; and all advertisements shall contain a reservation of this right.

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(b) No contract with the City for the doing of any public work shall be valid for any purpose, unless the contractor shall give: (1) A performance bond issued by a bonding company authorized to transact business in the State of Georgia, as surety, and for the protection of the City. The performance bond shall be in the amount of at least the total amount payable by terms of the contract; and (2) A payment bond issued by a bonding company authorized to transact business in the State of Georgia, as surety, payable to the City and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract. (c) This section shall not apply where the total contract price does not exceed $20,000; provided, however, that the City may in its discretion require performance and payment bonds for any public works contract. SECTION 2. All ordinances and parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. FIRST ADOPTION June 22, 1987 ATTEST: /s/ Phyllis Flowers PHYLLIS FLOWERS Clerk, City of Avondale Estates, Georgia (Seal) SECOND ADOPTION July 27, 1987 ATTEST: /s/ Phyllis Flowers PHYLLIS FLOWERS Clerk, City of Avondale Estates, Georgia (Seal)

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PUBLIC NOTICE TO ALL INTERESTED PERSONS AND PARTIES: NOTICE OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF AVONDALE ESTATES, GEORGIA, PURSUANT TO THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED. The Board of Mayor and Commissioners of the City of Avondale Estates, Georgia, hereby gives notice of the following: The Board of Mayor and Commissioners has before it for consideration proposed amendments to the Charter of the City of Avondale Estates, Georgia. The following is a synopsis of the proposed amendments: SECTION 1. Section 1-2001 of Chapter XX, relating to bids and bonds for public work, is hereby amended by raising the contract amount for which bids and bonds are required from more than $1,000 to more than $20,000; and by clarifying and amending the bonding requirements thereof to provide that performance bonds and payment bonds shall be required in an amount of at least the total amount payable by the terms of the contract. Copies of the proposed amendments are on file in the office of the Clerk of the City of Avondale Estates at the City Hall, and 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 Avondale Estates will furnish a copy of the proposed amendments to those persons who may have an interest therein upon written request. The Board of Mayor and Commissioners will consider the proposed amendments at two regular consecutive meetings to be held on the 22nd day of June, 1987, and on the 27th day of July, 1987, at 7:30 p.m. NOTICE GIVEN this 1st day of July, 1987.

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DEWEY C. BROWN, JR., City Manager City of Avondale Estates, Georgia 10 North Clarendon Road Avondale Estates, Georgia 30002 PUBLISHER'S CERTIFICATE STATE OF GEORGIA.....[UNK]ss: 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, State of Georgia who, being duly sworn, states on oath that the report of City of Avondale Estates, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1st day of July, 1987 /s/ Mary L. Crane, Co-Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 1st day of September, 1987 /s/ Majorie G. Price Notary Public Notary Public, Georgia State at Large My Commission Expires January 6, 1989. (SEAL) PUBLIC NOTICE TO ALL INTERESTED PERSONS AND PARTIES:

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NOTICE OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF AVONDALE ESTATES GEORGIA, PURSUANT TO THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED. The Board of Mayor and Commissioners of the City of Avondale Estates, Georgia, hereby gives notice of the following: The Board of Mayor and Commissioners has before it for consideration proposed amendments to the Charter of the City of Avondale Estates, Georgia. The following is a synopsis of the proposed amendments: SECTION 1. Section 1-2001 of Chapter XX, relating to bids and bonds for public work, is hereby amended by raising the contract amount for which bids and bonds are required from more than $1,000 to more than $20,000; and by clarifying and amending the bonding requirements thereof to provide that performance bonds and payment bonds shall be required in an amount of at least the total amount payable by the terms of the contract. Copies of the proposed amendments are on file in the office of the Clerk of the City of Avondale Estates at the City Hall, and 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 Avondale Estates will furnish a copy of the proposed amendments to those persons who may have an interest therein upon written request. The Board of Mayor and Commissioners will consider the proposed amendments at two regular consecutive meetings to be held on the 22nd day of June, 1987, and on the 27th day of July, 1987, at 7:30 p.m. NOTICE GIVEN this 1st day of July, 1987. DEWEY C. BROWN, JR., City Manager City of Avondale Estates, Georgia 10 North Clarendon Road Avondale Estates, Georgia 30002

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PUBLISHER'S CERTIFICATE STATE OF GEORGIA.....[UNK]ss: 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, State of Georgia who, being duly sworn, states on oath that the report of City of Avondale Estates, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 8th day of July, 1987 /s/ Mary L. Crane, Co-Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 1st day of September, 1987 /s/ Majorie G. Price Notary Public Notary Public, Georgia State at Large My Commission Expires January 6, 1989. PUBLIC NOTICE TO ALL INTERESTED PERSONS AND PARTIES: NOTICE OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF AVONDALE ESTATES, GEORGIA, PURSUANT TO THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED.

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The Board of Mayor and Commissioners of the City of Avondale Estates, Georgia, hereby gives notice of the following: The Board of Mayor and Commissioners has before it for consideration proposed amendments to the Charter of the City of Avondale Estates, Georgia. The following is a synopsis of the proposed amendments: SECTION 1. Section 1-2001 of Chapter XX, relating to bids and bonds for public work, is hereby amended by raising the contract amount for which bids and bonds are required from more than $1,000 to more than $20,000; and by clarifying and amending the bonding requirements thereof to provide that performance bonds and payment bonds shall be required in an amount of at least the total amount payable by the terms of the contract. Copies of the proposed amendments are on file in the office of the Clerk of the City of Avondale Estates at the City Hall, and 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 Avondale Estates will furnish a copy of the proposed amendments to those persons who may have an interest therein upon written request. The Board of Mayor and Commissioners will consider the proposed amendments at two regular consecutive meetings to be held on the 22nd day of June, 1987, and on the 27th day of July, 1987, at 7:30 p.m. NOTICE GIVEN this 1st day of July, 1987. DEWEY C. BROWN, JR., City Manager City of Avondale Estates, Georgia 10 North Clarendon Road Avondale Estates, Georgia 30002

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PUBLISHER'S CERTIFICATE STATE OF GEORGIA.....[UNK]ss: 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, State of Georgia who, being duly sworn, states on oath that the report of City of Avondale Estates, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 15th day of July, 1987 /s/ Mary L. Crane, Co-Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 1st day of Sept, 1987 /s/ Majorie G. Price Notary Public Notary Public, Georgia State at Large My Commission Expires January 6, 1989. (SEAL) Filed in the Office of the Secretary of State September 8, 1987.

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CITY OF AUGUSTAPENSIONS AND RETIREMENT PLAN FOR EMPLOYEES; NORMAL RETIREMENT DATE. ORDINANCE NO. 5435 AN ORDINANCE TO AMEND ARTICLE V OF THE CHARTER OF THE CITY OF AUGUSTA, GEORGIA, GEORGIA LAWS 1798, PAGE 136, AND THE AMENDATORY ACT THEREOF: GEORGIA LAWS 1949, PAGE 1070, SAID ARTICLE TITLED PENSIONS AND RETIREMENT, BY AMENDING SECTION 67, TITLED 1987 RETIREMENT, PLAN FOR THE EMPLOYEES OF THE CITY OF AUGUSTA, SO AS TO MAKE CERTAIN CORRECTIONS, AND SO AS TO PROVIDE AN ADDITIONAL DEFINITION OF NORMAL RETIREMENT DATE; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES: The City Council of Augusta, Georgia, hereby ordains: Section I . That Article V, Section 67 of the Charter of the City of Augusta, Georgia, said Section titled 1987 Retirement Plan for the Employees of the City of Augusta, is hereby amended as follows: 1. Paragraph (b), of Article II, Section 4, Page 19, is to be deleted in its entirety, and a new paragraph (b) is to be substituted in lieu thereof, to read as follows: (b) Each Eligible Employee who has completed one (1) year of continuous employment on or prior to the Effective Date of the Plan must apply for participation in the Plan within sixty (60) days of such Effective Date of the Plan, otherwise, such Employee shall not qualify for Normal Retirement as provided in Article IV, Section 2(b), Early Retirement as provided in Article IV, Section 3(a), or Vesting, as provided in Article VII, Section 3(a) and 3(c)(1). 2. Paragraph (c), of Article II, Section 4, Page 19, is to be deleted in its entirety, and a new paragraph (c) is to be substituted in lieu thereof, to read as follows: (c) Each Eligible Employee who is employed on the Effective Date of the Plan but who has not completed one (1) year of

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continuous employment on the Effective Date of the Plan must apply for participation in the Plan within sixty (60) days of the first day of the month immediately following or coinciding with the date that he completes one (1) year of continuous employment, otherwise, such Employee shall not qualify for Normal Retirement, as provided in Article IV, Section 2(b), Early Retirement as provided in Article IV, Section 3(a), or Vesting, as provided in Article VII, Section 3(a) and 3(c)(1). 3. Paragraph (b), of Article IV, Section 2, shall be redesignated paragraph (c); and a new paragraph (b) shall be added, to read as follows: (b) Age sixty-five (65), or age fifty-five (55) and has been employed by the City for a minimum of twenty-five (25) years, whichever is earlier, if the participant is classified as Public Safety personnel, and complies with the provisions of Article II, Section 4(b) or Section 4(c); or Section II . That all ordinances and parts of ordinances in conflict herewith are hereby repealed. DONE IN OPEN COUNCIL under the Common Seal thereof, this the 17 day of August, 14 day of September, 1987. /s/ Charles A. DeVaney MAYOR, CITY OF AUGUSTA, GEORGIA ATTEST: /s/ Rachel D. Brewer DEPUTY CLERK OF COUNCIL (Seal) PUBLISH: Aug 14, 21 26, 1987 CERTIFICATE: I, Rachel D. Brewer, Clerk of Council, hereby certify that the above and foregoing is a true and correct copy of Ordinance

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No. 5435, adopted by the City Council of Augusta, Georgia, in meeting on the 17 day of August, 14 day of September, 1987. /s/ Rachel D. Brewer DEPUTY CLERK OF COUNCIL PUBLIC NOTICE Notice is hereby given that there shall be introduced before City Council of the City of Augusta, Georgia, on Monday, Aug 17, 1987, and again on Monday,,1987, an ordinance to amend Section 67 of the Charter of the City of Augusta, Georgia, titled 1987 Retirement Plan for the Employees of the City of Augusta, so as to make certain corrections, and so as to add an additional definition of Normal Retirement Date; to repeal conflicting laws; and for other purposes. Copies of the proposed ordinance are on file in the Office of the Clerk of Superior Court of Richmond County, Georgia, and in the Office of the Clerk of City Council of Augusta, Georgia, for the purpose of public inspection and examination. Copies are available upon written request to the Clerk of City Council of Augusta, Georgia. This the 17 day of August, 1987. PAUL H. DUNBAR, III CITY ATTORNEY PUBLISH: Aug 14, 1987; Aug 21, 1987; and Aug 28, 1987. AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF RICHMOND Personally appeared before me Matt Reynolds to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Herald, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation;

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That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on August 14, 1987, August 21, 1987, August 28, 1987, and finds that the following advertisement appeared in each of said editions to-wit: /s/ Matt Reynolds (deponent) Sworn to and subscribed before me this 28th day of August, 1987. /s/ Faye A. Waller Notary Public, Columbia County, Georgia My Commission expires May 15, 1989. PUBLIC NOTICE Notice is hereby given that there shall be introduced before City Council of the City of Augusta, Georgia, on Monday, August 17, 1987, and again on Monday, September 8, 1987, an ordinance to amend Section 67 of the Charter of the City of Augusta, Georgia, titled 1987 Retirement Plan for the Employees of the City of Augusta, so as to make certain corrections, and so as to add an additional definition of Normal Retirement Date; to repeal conflicting laws; and for other purposes. Copies of the proposed ordinance are on file in the Office of the Clerk of Superior Court of Richmond County, Georgia, and in the Office of the Clerk of City Council of Augusta, Georgia, for the purpose of public inspection and examination. Copies are available upon written request to the Clerk of City Council of Augusta, Georgia. This the 31st day of July, 1987. PAUL H. DUNBAR III City Attorney Aug. 14, 21, 28, 1987 Filed in the Office of the Secretary of State September 29, 1987.

Page 5419

CITY OF GORDONLIBRARY SYSTEM. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GORDON, GEORGIA AMENDING ARTICLE III, SECTION 3-14 OF THE CHARTER OF THE CITY OF GORDON, TO ESTABLISH A LIBRARY SYSTEM; TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE LIBRARY SYSTEM; TO PROVIDE TERMS, OFFICERS, DUTIES AND AUTHORITY AND RESPONSIBILITIES OF THE BOARD OF TRUSTEES; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of Gordon, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The Charter of the City of Gordon as the same has heretofore been amended is further amended by adding thereto a new Section 3-14 of Article III of said Charter with sections to be appropriately numbered and reading as follows: ARTICLE III SECTION 3-14 LIBRARY SYSTEM ESTABLISHED Sec. 3-14(a) System Established . Georgia Laws 1901, page 52, et seq., as amended, and O.C.G.A. 20-5-20 et seq. and O.C.G.A. 20-540, et seq., are incorporated herein and pursuant thereto, the following provisions relative to the government and structure of the library system of the City are hereby enacted. Sec. 3-14(b) Name . The name of the governing board shall be `The Gordon Library Board of Trustees'. Sec 3-14(c) Composition of Board . The Board shall consist of Nine (9) members eight of whom shall be appointed by the Mayor and Council of the City of

Page 5420

Gordon, and one (1) of whom shall be appointed by the Town of Ivey. Each member of the Gordon Library Board of Trustees shall serve for a term of five (5) years to coincide with the State of Georgia fiscal year, except for the initial terms of a portion of the Board, as follows: (a) Three (3) members shall be appointed for terms of one (1) year each. Their successors shall be appointed for the full term of five (5) years. A member may be appointed to succeed himself/herself. (b) Three (3) members shall be appointed for three (3) year terms. Their successors shall be appointed for the full term of five (5) years. (c) Three (3) members shall be appointed for five (5) year terms. Their successors shall likewise be appointed for five (5) year terms. Sec. 3-14(d) Rotation of Members . (Optional) The members of the present Board of Trustees shall continue to serve as members of the Board of Trustees for the terms for which they have been appointed until the effective date of this ordinance and appointment of Trustees hereunder. Sec. 3-14(e) APPOINTMENT AND REPLACEMENT OF TRUSTEES . When a vacancy occurs for any reason, the Mayor and Council shall appoint a new member to the Board for the unexpired term of the person creating the vacancy. Sec. 3-14(f) COMPENSATION OF MEMBERS . No member of the Board of Trustees shall receive any compensation for services on the Board. Sec. 3-14(g) Officers . The Board of Trustees shall elect at its first meeting in each year a presiding officer and secretary/treasurer, together with

Page 5421

such other officers as it shall deem proper, all of whom shall serve for one (1) year terms with the right to be elected for one (1) additional one-year term. After the service of two (2) year terms, no board member may be eligible for the same office until the expiration of two (2) years; except that the secretary/treasurer may serve for 4 years. Sec. 3-14(h) Scope of Authority; Duties and Responsibilities of Board The Board shall have general management, supervision and control of the Gordon Public Library in the City of Gordon and all powers and privileges incident thereto with an enumeration of the following which in no way limits the general powers of the Board: (1) Adopt a Constitution and bylaws under which the Board shall operate, said bylaws and constitution shall be in conformity with the Handbook on Constitutions, Bylaws and Contracts for Georgia Public Libraries. (2) Prescribe rules and regulations for the control, operation, management and use of the public library of the City of Gordon. (3) Establish the compensation and qualifications for employees of the public library. (4) Enter into contracts with other governments bodies for the operation of a regional library and extend or renew these agreements upon terms satisfactory to the Board. (5) Enter into contracts for the benefit of the library. (6) Expend appropriated and donated funds in accordance with the budget of the library. (7) Accept donations of money, land and other property for the use and benefit of the library, the title to any land to be taken in the name of the City of Gordon, Georgia. (8) Manage property, including land, buildings, books and other equipment for the use and benefit of the library.

Page 5422

(9) Direct the policies of the public library. (10) Do any other acts that may be necessary or convenient to carry out the purposes for which the Board is hereby created. Sec. 3-14(i) Receipt and disbursement of Funds . The Board shall receive appropriate funds from Wilkinson County, the City of Gordon, the State of Georgia and/or the United States Government, and shall be the final authority as to the disbursement of these funds in accordance with present regulations and provisions of law of the several existing governmental bodies. Sec. 3-14(j) Retention of Books Past Return Date Prohibited . It shall be unlawful for any person to keep, retain, not return, or have in possession, any book, newspaper, magazine, phamplet, manuscript, article, art print, phonograph record, film, or any other property owned by any public library, for a period longer than sixty (60) days past the due date the property was to be returned and after the person has been notified in writing to return the property. Section 3-14(k) This ordinance shall be effective Aug 31, 1987. Section 3-14(l) This ordinance is enacted pursuant to the authority O.C.G.A. 35-35-3(a)(b). Section 3-14(m) All ordinances or parts thereof in conflict herewith are hereby repealed. First Reading Aug. 3, 1987. Vote: Aye 5; Nay 0; Abstain 0 Second Reading Aug 31, 1987. Vote: Aye 6; Nay 0; Abstain 0 Approved and Ordained the 31 day of Aug, 1987. /s/ Cyler Garner, M.D. Mayor, City of Gordon
Page 5423

Members of Council /s/ Terry Eady /s/ K. Boyd Dennard /s/ William Sanders, Jr. /s/ James Colbert /s/ H. L. Brooks, Jr. /s/ Gerald Layton Attest: /s/ Fay B. Garner (clerk) (Seal) This is a true and exact copy of the Ordinance passed by the Council of the City of Gordon on August 31, 1987. /s/ Fay B. Garner City Clerk GEORGIA, WILKINSON COUNTY. I hereby certify that the attached Amendment of the Charter of the City of Cordon was filed in the Office of the Clerk of the Superior Court of Wilkinson County, which is the legal situs of the City of Gordon, Georgia. Said Amendment was filed on the 28th day of September, 1987, at 11:30 A.M. /s/ Cinda K. Bright Clerk of the Superior Court, Wilkinson County, Georgia (Seal) CITY OF GORDON PUBLIC NOTICE The Mayor and Council of the City of Gordon, Georgia hereby gives notice of the Amendment of the Charter of the City of

Page 5424

Gordon pursuant to O.C.G.A. 36-35-3. Said charter is amended by adding a new Section 3 of Article III pertaining to the establishment of a Public Library; to provide for a Board of Trustees for the Library System; to provide terms, officers, duties and authority and responsibilities of the Board of Trustees; to provide an effective date; to repeal conflicting ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of the City of Gordon, Gordon City Hall, Gordon, Georgia, and in the Office of the Clerk of the Superior Court of Wilkinson County, Georgia, Wilkinson County Courthouse, Irwinton, Georgia, for public inspection. Cyler D. Garner Mayor, City of Gordon A6, 13, 20, d GEORGIA, WILKINSON COUNTY. Personally appeared before the undersigned officer, Hazel C. Connell, General Manager of the Wilkinson County News, the official newspaper of Wilkinson County, Georgia, for the year 1987, who says on oath that the attached Public Notice of the Amendment of the Charter of the City of Gordon was published in The Wilkinson County News on August 6, 13, and 20, 1987. /s/ Hazel C. Connell Sworn to and subscribed before me this 28th day of September 1987, in the presence of: /s/ Hannah L. Allen Notary Public, Wilkinson County, Georgia My Commission Expires January 19, 1991 (Seal) Filed in the Office of the Secretary of State September 30, 1987.

Page 5425

CITY OF AUGUSTARETIREMENT ALLOWANCES OR PENSIONS; SERVICE. ORDINANCE NO. 5438 ORDINANCE TO AMEND SECTION 76 OF THE CHARTER OF THE CITY OF AUGUSTA, GEORGIA, TITLED RETIREMENT ALLOWANCE OR PENSION-GENERALLY; AMOUNT SO AS TO CHANGE THE USE OF THE FINAL FIVE (5) YEARS' AVERAGE EARNINGS TO THE AVERAGE EARNINGS OVER THE LAST THREE (3) YEARS; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES: The City Council of Augusta, Georgia, hereby ordains: Section I . Section 76 of the Charter of the City of Augusta, Georgia, is hereby amended by deleting therefrom the language last five (5) years of his service wherever it appears in said paragraph, and substituting in lieu thereof, the language last three (3) years of his service, so that Section 76 will now read as follows: Section 76. Retirement Allowance or Pension-Generally; Amount. After retirement in accordance with the provision of this division a future employee shall receive during his lifetime a pension, payable monthly, at an annual rate amounting to one and two-thirds (1-2/3) percent of his average annual rate of pay for the last three (3) years of his service, multiplied by the number of years of such service; provided, that a pension for disability incurred in the performance of duty shall not be less than fifty (50) percent of such average annual rate of pay; and, provided further, that any amount or amounts received by way of a workmen's compensation award, excluding that portion of the award specifically covering medical, nursing, and hospital expenses, shall be deducted from the amount of any pension arising out of such disability; provided, that any such employee may, subject to such rules and regulations as the City Council may from time to time establish, elect to receive a pension for his lifetime, payable monthly, at an annual rate amounting to two (2) percent of his average annual rate of pay for the last three (3) years of his service, multiplied by the number of

Page 5426

years of such service, the annual amount thereof, however, not to exceed sixty (60) percent of the said average annual rate of pay. Section II . That all ordinances and parts or ordinances in conflict herewith are hereby repealed. DONE IN OPEN COUNCIL under the common seal thereof, this the 14 21 day of Sept, 1987. /s/ Charles A. DeVaney MAYOR, CITY OF AUGUSTA ATTEST: /s/ Rachel D. Brewer DEP. CLERK OF COUNCIL PUBLISH: Sept 4, 11 18, 1987 CERTIFICATE: I, Rachel D. Brewer, Dep. Clerk of Council, hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 5438, adopted by the City Council of Augusta, Georgia, in meeting on the 14 21 day of September. /s/ Rachel D. Brewer DEP. CLERK OF COUNCIL AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF RICHMOND Personally appeared before me Matt Reynolds to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Herald, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation;

Page 5427

That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Sept 4, 1987, Sept 11, 1987, Sept 18, 1987, and finds that the following advertisement appeared in each of said editions, to-wit: /s/ Matt Reynolds (deponent) Sworn to and subscribed before me this 18th day of September, 1987. /s/ Faye A. Waller Notary Public, Columbia County, Georgia My Commission expires May 15, 1989. PUBLIC NOTICE Notice is hereby given that there shall be introduced before City Council of the City of Augusta, Georgia, on Monday, September 14, 1987, and again on Monday, September 21, 1987, an ordinance to amend Section 76 of the Charter of the City of Augusta, Georgia, titled Retirement Allowance or Pension-Generally; Amount so as to change the use of the final five (5) years' average earnings to the average earnings over the last three (3) years; to repeal conflicting laws; and for other purposes. Copies of the proposed ordinance are on file in the Office of the Clerk of superior Court of Richmond County, Georgia, and in the Office of the Clerk of City Council of Augusta, Georgia, for the purpose of public inspection and examination. Copies are available upon written request to the Clerk of City Council of Augusta, Georgia. This the 1st day of September, 1987. PAUL H. DUNBAR, III CITY ATTORNEY September 4, 11, 18, 1987 Filed in the Office of the Secretary of State October 9, 1987.

Page 5428

CITY OF AUGUSTAPENSIONS; SURVIVING SPOUSES. ORDINANCE NO. 5439 ORDINANCE TO AMEND SECTION 79 OF THE CHARTER OF THE CITY OF AUGUSTA, TITLED WITHDRAWAL OF CONTRIBUTIONS SO AS TO PROVIDE A SURVIVOR PENSION TO THE SURVIVING SPOUSE OF A CITY EMPLOYEE, WHERE, AT THE TIME OF DEATH, DECEDENT WAS EMPLOYED BY THE CITY, AND HAD ATTAINED AGE FIFTY-FIVE WITH TEN YEARS OF SERVICE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES: The City Council of Augusta, Georgia, hereby ordains: Section I . The Charter of the City of Augusta is hereby amended pursuant to Official Code of Georgia Annotated, Section 36-53-3(b)(1) in the following particulars, to-wit: (1) Article V, Division I, Sec. 79 is hereby amended by adding to the end of the first paragraph thereof the following language, to-wit: Notwithstanding the foregoing, the surviving spouse of any Employee shall be entitled to a survivor pension, provided that said employee dies while employed by the City, and, at the time of death, shall have attained at least age fifty-five (55), with a minimum of ten (10) years of service. The amount of the survivor pension shall equal 100% of the pension calculated under Section 76. For purposes of calculating the pension under Section 76 to determine the amount of the survivor pension, the Employee shall be considered to have retired on the date of death. Section II . That all ordinances and parts or ordinances in conflict herewith are hereby repealed. DONE IN OPEN COUNCIL under the common seal thereof, this the 14 21 day of Sept, 1987. /s/ Charles A. DeVaney MAYOR, CITY OF AUGUSTA

Page 5429

ATTEST: /s/ Rachel D. Brewer DEP. CLERK OF COUNCIL PUBLISH: 4, 11 Sept 18, 1987 CERTIFICATE: I, Rachel D. Brewer, Dep. Clerk of Council, hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 5439, adopted by the City Council of Augusta, Georgia, in meeting on the 14 21 day of September, 1987. /s/ Rachel D. Brewer DEP. CLERK OF COUNCIL AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF RICHMOND Personally appeared before me Matt Reynolds to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Herald, a newspaper published in said county; That he/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 he/she has reviewed the regular editions of said newspapers published on Sept 4, 1987, Sept 11, 1987, Sept 18, 1987, and finds that the following advertisement appeared in each of said editions to-wit: /s/ Matt Reynolds (deponent)

Page 5430

Sworn to and subscribed before me this 18th day of September, 1987 /s/ Faye A. Waller Notary Public, Columbia County, Georgia My Commission expires May 15, 1989. PUBLIC NOTICE Notice is hereby given that there shall be introduced before City Council of the City of Augusta, Georgia, on Monday, September 14, 1987, and again on Monday, September 21, 1987, an ordinance to amend Section 79 of the Charter of the City of Augusta, Georgia, titled Withdrawal of Contributions so as to provide a survivor pension to the surviving spouse of a City employee, where, at the time of death, decedent was employed by the City, and had attained age fifty-five with ten years of service; to repeal conflicting laws; and for other purposes. Copies of the proposed ordinance are on file in the Office of the Clerk of Superior Court of Richmond County, Georgia, and in the Office of the Clerk of City Council of Augusta, Georgia, for the purpose of public inspection and examination. Copies are available upon written request to the Clerk of City Council of Augusta, Georgia. This the 1st day of September, 1987. PAUL H. DUNBAR, III CITY ATTORNEY September Sept. 4, 11, 18, 1987 Filed in the Office of the Secretary of State October 9, 1987.

Page 5431

CITY OF LENOXMUNICIPAL COURT; PENALTIES. GEORGIA, COOK COUNTY CITY OF LENOX An ordinance to amend the Municipal Charter of the City of Lenox pursuant to OCGA 36-35-3 which changes and establishes maximum punishments for ordinance violations by replacing in its entirety Section 4 of the amended Charter of the City of Lenox, 1916 Georgia Laws at Page 774, approved August 4, 1916: Upon the conviction of any defendant of violation of any law or ordinance of the City of Lenox, the Recorder's Court of said City shall have the right to sentence said Defendant to pay a fine not exceeding One Thousand Dollars ($1,000.00) and to imprisonment in the prison of said City or in the common jail of Cook County, Georgia, not exceeding one hundred twenty (120) days, and to work and labor in the City Prison or on the streets or public works of said City, whether within or without the corporate limits, not exceeding one hundred twenty (120) days, either or all or any part of all. Said Court shall have the power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines, all of which costs and fines shall be paid into the City treasury. Whenever an offense constitutes both a violation of a law or ordinance of said City and the State of Georgia, and there exists a maximum punishment under the laws of the State of Georgia less severe than the maximum punishment authorized by this Ordinance, then the maximum punishment under the laws of the State of Georgia shall prevail. Notwithstanding the above limitations, upon the conviction of any defendant of driving under the influence of alcohol or drugs as set forth in Section 40-6-391 of the Official Code of Georgia Annotated, the Recorder's Court shall have the right and authority to impose sentences as provided in Section 40-6-391 of OCGA. THIS ORDINANCE shall become effective on October 30, 1987, after publication as provided by law and upon the filing of this Ordinance with the Secretary of State and the Clerk of the Superior Court of Cook County, Georgia.

Page 5432

All laws and ordinances and parts of laws and ordinances in conflict with this Ordinance are hereby repealed. Ordained this 5 day of October, 1987, by the Mayor and Council of the City of Lenox. /s/ R. H. Robinson, Jr. MAYOR SEAL ATTEST: /s/ Dot Revels City Clerk SEAL PUBLICATION AFFIDAVIT GEORGIA, COOK COUNTY BEFORE ME, the undersigned Notary Public duly authorized by law to administer oaths and take acknowledgements, this day personally appeared John H. Sanders, Jr., who after being by me first duly sworn, states on oath that the facts contained in this Affidavit are true and correct as follows: 1. That Affiant is the Editor of the Adel News-Tribune which is the official Organ for publication of legal notices within Cook County, Georgia. That the three public notices contained in Exhibit A attached hereto (incorporated herein by reference and made a part of this Affidavit) are true and exact copies of the Notices which were run in the Adel News-Tribune on the dates indicated at the request of the City of Lenox through their legal counsel, Yancey, Perkins Barnick, P.C., P. O. Box 445, Adel, Ga 31620-0445, in accordance with the publication requirements of OCGA 36-35-3(b)(1). 2. This Affidavit is made by Affiant as required by law pursuant to OCGA 36-35-5.

Page 5433

FURTHER AFFIANT SAYETH NOT. /s/ John H. Sanders, Jr., Editor/Publisher SEAL Subscribed and sworn to before me this 15th day of October, 1987 /s/ Terry R. Barnick Notary Public Commission Expires June 29, 1991 PUBLIC NOTICE The City of Lenox has proposed the adoption of an Ordinance amending the Charter of the City of Lenox to provide with certain exceptions that the maximum punishment for violations of the Ordinances of the City of Lenox shall be a fine of not more than One Thousand Dollars ($1,000.00) and/or imprisonment of not more than one hundred twenty (120) days. The Ordinance amending the Charter shall become effective October 30, 1987. A complete copy is on file and available for inspection in the Office of the Clerk of the Superior Court of Cook County and at the City Clerk's Office in the City of Lenox. Upon written request, a copy of the proposed Ordinance and Amendment shall be made available by the Clerk of the City of Lenox. City of Lenox PUBLIC NOTICE The City of Lenox has proposed the adoption of an Ordinance amending the Charter of the City of Lenox to provide with certain exceptions that the maximum punishment for violations of the Ordinances of the City of Lenox shall be a fine of not more than One Thousand Dollars ($1,000.00) and/or imprisonment of not more than one hundred twenty (120) days. The Ordinance amending the Charter shall become effective October 30, 1987. A complete copy is on file and available for inspection in the Office of the Clerk of the Superior Court of Cook County and at the City Clerk's Office in the City of Lenox. Upon written request, a copy of the proposed Ordinance and Amendment shall be made available by the Clerk of the City of Lenox.

Page 5434

City of Lenox PUBLIC NOTICE The City of Lenox has proposed the adoption of an Ordinance amending the Charter of the City of Lenox to provide with certain exceptions that the maximum punishment for violations of the Ordinances of the City of Lenox shall be a fine of not more than One Thousand Dollars ($1,000.00) and/or imprisonment of not more than one hundred twenty (120) days. The Ordinance amending the Charter shall become effective October 30, 1987. A complete copy is on file and available for inspection in the Office of the Clerk of the Superior Court of Cook County and at the City Clerk's Office in the City of Lenox. Upon written request, a copy of the proposed Ordinance and Amendment shall be made available by the Clerk of the City of Lenox. City of Lenox Filed in the Office of the Secretary of State October 28, 1987. CITY OF CORNELIAMAYOR AND COMMISSION MEMBERS; COMPENSATION. AN ORDINANCE OF THE CITY OF CORNELIA AMENDING THE CHARTER OF THE CITY OF CORNELIA BY AMENDING SECTION 5A OF THE ACT APPROVED AUGUST 20, 1927, (Ga. L. 1927, pp. 981-1014), AS AMENDED, PARTICULARLY BY AN ACT APPROVED MARCH 22, 1974, (Ga. L. 1974, pp. 2675-2676), FOR THE PURPOSE OF INCREASING THE MONTHLY SALARIES PAID TO THE MAYOR AND OTHER MEMBERS OF THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City Commission of the City of Cornelia and it is hereby ordained by authority of the same that the Charter of the City of Cornelia, Georgia, be, and the same is hereby amended as follows:

Page 5435

Section 1 . That Section 5A of the Act approved August 20, 1927, (Ga. L. 1927, pp. 981-1014), as amended, particularly by an Act approved March 22, 1974, (Ga. L. 1974, pp. 2675-2676), be, and the same is hereby amended by striking said Section 5A in its entirety and substituting, in lieu thereof, a new Section 5A to read as follows: 5A. Commencing with the month of January, 1988, the member of the city commission serving as mayor shall receive a salary of four hundred ($400.00) dollars per month. Each of the other members of the city commission shall receive a salary of two hundred ($200.00) dollars per month. Section 2 . The foregoing amendment shall become effective January 1, 1988. CITY OF CORNELIA, HABERSHAM COUNTY, GEORGIA I, the undersigned, do hereby certify that I am Secretary of the City Commission of the City of Cornelia, Georgia; that as Secretary of the City Commission of the City of Cornelia, I have custody of the city records and keep the minutes of the meetings of the City Commission; that the foregoing is a true copy of an ordinance amending the Charter of the City of Cornelia for the purpose of increasing the monthly salaries paid to the Mayor and other members of the City Commission which was duly adopted at two regular consecutive meetings of the City Commission of the City of Cornelia duly held on September 14, 1987, and October 12, 1987; that the action taken by the City Commission in adopting said ordinance was taken at a time when candidates for election to membership on the municipal governing authority of the City of Cornelia could not qualify as such candidates; that the notice required by O.C.G.A. Sections 36-35-3 (b)(1) and 36-35-4 (a)(3) was duly published as thereby required; that a copy of the proposed amendment was filed on the 18th day of August, 1987, in my office and in the office of the Clerk of Superior Court of Habersham County, Georgia, the county of the legal situs of the City of Cornelia, and thereafter kept on file in said offices for the purpose of examination and inspection by the public; and that said ordinance will not be effective until after the taking of office of those elected at the next regular municipal election which will be held immediately following the date on which said ordinance was finally adopted.

Page 5436

This 29th day of October, 1987. /s/ R. L. Maxwell, Jr. Secretary of the City Commission of the City of Cornelia, Georgia (SEAL) GEORGIA, HABERSHAM COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Williams, who, on oath, deposes and says that he is Publisher of the Northeast Georgian, and that the Notice of Intent to Amend the Charter of the City of Cornelia which appears below was published in The Northeast Georgian which is the official organ of the City of Cornelia, Georgia, and of general circulation in said municipality, once a week for three (3) consecutive weeks on the following dates: September 22 and 29, 1987, and October 6, 1987. /s/ Bobby E. Williams Publisher The Northeast Georgian Sworn to and subscribed before me, this 29th day of October, 1987. /s/ Jane Long Bennett Notary Public My commission expires: Oct 28, 1988 (Seal) NOTICE NOTICE OF INTENT TO AMEND THE CHARTER OF THE CITY OF CORNELIA FOR THE PURPOSE OF INCREASING THE SALARIES PAID TO THE MAYOR AND OTHER MEMBERS OF THE CITY COMMISSION. The City Commission of the City of Cornelia intends to amend the Charter of the City of Cornelia by Ordinance pursuant to

Page 5437

O.C.G.A. Sections 36-35-3 and 36-35-4 for the purpose of increasing the monthly salary of the Mayor to $400.00 per month and the monthly salary of each of the other members of the City Commission to $200.00 per month. A copy of the proposed amendment is on file in the office of the Secretary of the City Commission of the City of Cornelia and in the office of the Clerk of the Superior Court of Habersham County, Georgia, for the purpose of examination and inspection by the public. R.L. Maxwell, Jr. Secretary of the City Commission of the City of Cornelia, Georgia GEORGIA, HABERSHAM COUNTY. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Williams, who, on oath, deposes and says that he is Publisher of the Tri-County Advertiser, and that the Notice of Intent to Amend the Charter of the City of Cornelia which appears below was published in the Tri-County Advertiser which is the official organ of Habersham County, the legal situs of the City of Cornelia, and of general circulation in said municipality, once a week for three (3) consecutive weeks on the following dates: September 24, 1987, and October 1 and 8, 1987. /s/ Bobby E. Williams Publisher Tri-County Advertiser Sworn to and subscribed before me, this 29th day of October, 1987. /s/ Jane Long Bennett Notary Public My commission expires: Oct 28, 1988 NOTICE NOTICE OF INTENT TO AMEND THE CHARTER OF THE CITY OF CORNELIA FOR THE PURPOSE OF INCREASING

Page 5438

THE SALARIES PAID TO THE MAYOR AND OTHER MEMBERS OF THE CITY COMMISSION. The City Commission of the City of Cornelia intends to amend the Charter of the City of Cornelia by Ordinance pursuant to O.C.G.A. Sections 36-35-3 and 36-35-4 for the purpose of increasing the monthly salary of the Mayor to $400.00 per month and the monthly salary of each of the other members of the City Commission to $200.00 per month. A copy of the proposed amendment is on file in the office of the Secretary of the City Commission of the City of Cornelia and in the office of the Clerk of the Superior Court of Habersham County, Georgia, for the purpose of examination and inspection by the public. R.L. Maxwell, Jr. Secretary of the City Commission of the City of Cornelia, Georgia Filed in the Office of the Secretary of State October 30, 1987. CITY OF FAYETTEVILLEPROPOSED ORDINANCES; POSTING. ORDINANCE TO AMEND THE CITY CHARTER OF THE CITY OF FAYETTEVILLE PURSUANT TO O.C.G.A. 36-35-3 WHEREAS, Section 2.12 of the Charter of the City of Fayetteville, adopted December 29, 1969, provides that no ordinance, except in the case of emergency, which shall be so stated in the ordinance, shall be approved until it shall have been read at two consecutive council meetings not less than seven (7) days apart; and WHEREAS, the City Council has found that the reading of such ordinances at meetings of the Council do not always give the public adequate notice of the content of the ordinance to be adopted; and

Page 5439

WHEREAS, providing the public with a written copy of the exact language of the ordinance to be proposed would serve the public better, and give the public an opportunity to review the text of the ordinance much closer; and WHEREAS, the Legislature, pursuant to O.C.G.A. 36-35-3 allows for the amendment of the City's Charter, it is hereby ordained as follows: Section 2.12 of the Charter of the City of Fayetteville as adopted December 29, 1969, is hereby deleted in its entirety and the following Section 2.12 is hereby adopted in lieu thereof: No ordinance, except in the case of an emergency, which shall be stated in the ordinance, shall be approved until the full written text of the proposed ordinance is posted for public inspection at two (2) consecutive council meetings not less than seven (7) days apart. The posting of the ordinance shall be publically announced at the two meetings. The text of the ordinance shall be available at City Hall for public inspection after the first meeting. The ordinance may be adopted at the second meeting. The adoption of an ordinance may be continued from meeting to meeting upon public announcement at the second meeting or at subsequent meetings, of the Council's intention to continue the vote on the adoption of the ordinance until the Council's next meeting, be it called or regular. This ordinance was read and adopted at two (2) consecutive Council meetings, to-wit: 7/6/87 and 8/3/87. A notice of synopsis of this amendment was published once a week for three (3) consecutive weeks in the FAYETTE NEWS, a newspaper with general circulation within Fayetteville and Fayette County, on the following dates: 6-10-87, 6-17-87 and 6-24-87. CERTIFIED BY: /s/ Glenn M. Brewer GLENN M. BREWER, CITY MANAGER A copy of the text of this ordinance was placed on file in the office of the Clerk of the City and in the offices in the Clerk

Page 5440

of the Superior Court of Fayette County for inspection by the public from the date of the first publication of said notice of synopsis of amendment until the second adoption of the ordinance. CERTIFIED BY: /s/ Glenn M. Brewer GLENN M. BREWER, CITY MANAGER The foregoing Ordinance was read, considered and adopted by the City Council of Fayetteville, this the 3rd day of August, 1987, by a vote of: Voted For Voted Against Abstained From Voting /s/ Ferrol A. Sams, Jr. [UNK] FERROL A. SAMS, JR. /s/ J. B. Slaughter [UNK] J. B. SLAUGHTER /s/ Steven Stinchcomb [UNK] STEVEN STINCHCOMB /s/ Allan Feldman [UNK] ALLAN FELDMAN /s/ J. Alvin Huddleston [UNK] J. ALVIN HUDDLESTON /s/ Jack D. Dettmering JACK D. DETTMERING, Mayor Attest: /s/ Glenn M. Brewer GLENN M. BREWER, City Manager NOTICE FOR PUBLICATION The City of Fayetteville, pursuant to O.C.G.A. 36-35-3 proposes to amend Section 2.12 of its Charter so as to provide

Page 5441

that ordinances of the City of Fayetteville may be adopted only after a full written text of the proposed ordinance is posted for public inspection at two consecutive Council meetings, not less than seven (7) days apart and made available for public inspection at the City Hall. A copy of this proposed amendment to the City's Charter is on file for inspection in the office of the Clerk of the City, Glenn Brewer, and in the offices of the Clerk of the Superior Court of Fayette County. The City Clerk shall furnish anyone who requests in writing a written copy of the proposed amendment. Adoption of this amendment shall be considered by the City Council at its meeting on 7-6-87 and 8-3-87 at the City Council Chambers in Fayetteville beginning at 7:30 o'clock, P.M. The undersigned, being the Clerk of the Superior Court of Fayette County, hereby certifies that the attached copy of an ordinance amending the City Charter of the City of Fayetteville was delivered to my office on June 11, 1987 and since that time has been on file in my office for review and inspection by the public. /s/ W. A. Ballard W. A. BALLARD, CLERK SUPERIOR COURT OF FAYETTE COUNTY Date 8-6-87 COUNTY OF FAYETTE STATE OF GEORGIA AFFIDAVIT The undersigned, being the managing editor of the FAYETTE COUNTY NEWS, and as such, an authorized representative of the FAYETTE COUNTY NEWS to make this Affidavit, and after being sworn before an officer duly authorized to administer oaths, hereby make this my Affidavit by stating that the attached Exhibit A contains a true and correct copy of the notice which was published in the FAYETTE COUNTY NEWS on June 10, 1987, June 17, 1987, and June 24, 1987. The FAYETTE COUNTY NEWS is a newspaper with general circulation within Fayette County, Georgia.

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This the 3 day of November, 1987. /s/ Judy Kilgore JUDY KILGORE, MANAGING EDITOR Sworn to and subscribed before me this the 3rd day of November, 1987. /s/ Helen S. Teague NOTARY PUBLIC County of Commission: Fayette Commission Expires: 7/10/89 (Notary Seal) LEGAL 538 Notice for Publication The City of Fayetteville, pursuant to O.C.G.A. 36-35-3 proposes to amend Section 2.12 of its Charter so as to provide that ordinances of the City of Fayetteville may be adopted only after a full written text of the proposed ordinance is posted for public inspection at two consecutive Council meetings, not less than seven (7) days apart and made available for public inspection at the City Hall. A copy of this proposed amendment to the City's Charter is on file for inspection in the office of the Clerk of the City, Glenn Brewer, and in the offices of the Clerk of the Superior Court of Fayette County. The City Clerk shall furnish anyone who requests in writing a written copy of the proposed amendment. Adoption of this amendment shall be considered by the City Council at its meeting on July 6, 1987 and Aug. 3, 1987 at the City Council Chambers in Fayetteville beginning at 7:30 o'clock, P.M. June 10, 17, 24, 87 Filed in the Office of the Secretary of State November 5, 1987.

Page 5443

CITY OF MACONMACON PENSIONS AND RETIREMENT SYSTEM. AN ORDINANCE OF THE CITY OF MACON AMENDING SECTION 7.1 OF ARTICLE VII OF THE MACON PENSIONS AND RETIREMENT SYSTEM, AS SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED AUGUST 3, 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 AMENDING THE VESTING SCHEDULE; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon; and it is hereby ordained by the authority of same pursuant to the authority granted the City of Macon and under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amended; O.C.G.A. Section 36-35-3 et. seq.) as follows: 1. Section 7.1 of Article VII of the Macon Pensions and Retirement System is hereby amended by deleting in its entirety said Section 7.1 and substituting in lieu thereof a new Section 7.1 which reads as follows: ARTICLE VII OTHER BENEFITS 7.1 Deferred Termination Benefit . Upon an employee's termination of employment for any reason other than death or retirement, he shall be entitled to a deferred monthly benefit commencing as of his early or normal retirement date, as defined in Article IV. The benefit shall be computed in the same manner as an early pension, as defined in Article V, Section 5.2, Paragraph

Page 5444

(a), considering compensation and service up to the date of termination, and in accordance with the following vesting percentages: Years of Service at Date of Separation Percentage of City Paid Portion of Benefit Less than 5 Years 0% 5 years but less than 6 years 25% 6 years but less than 7 years 30% 7 years but less than 8 years 35% 8 years but less than 9 years 40% 9 years but less than 10 years 45% 10 years but less than 11 years 50% 11 years but less than 12 years 60% 12 years but less than 13 years 70% 13 years but less than 14 years 80% 14 years but less than 15 years 90% 15 years and over. 100% If the payment of an employee's deferred termination benefit commences as of his Early Retirement Date, the benefit as described in this Section shall be reduced as defined in Article V, Section 5.2, Paragraph (b). All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 3rd day of November, 1987. /s/ Eugene C. Dunwody Eugene C. Dunwody, President APPROVED this 12th day of November, 1987. /s/ George M. Israel, III George M. Israel, III Mayor SO ORDAINED this 17th day of November, 1987. /s/ Eugene C. Dunwody Eugene C. Dunwody, President APPROVED this 18th day of November, 1987. /s/ George M. Israel, III George M. Israel, III Mayor

Page 5445

SUBMITTED TO MAYOR'S OFFICE November 17, 1987 RETURNED FROM MAYOR'S OFFICE November 18, 1987 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 11-3-87. Witness my hand and seal of the City of Macon this 11-4-87 /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE November 4, 1987 RETURNED FROM MAYOR'S OFFICE November 16, 1987 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 Mason, held 11-17-87. Witness my hand and seal of the City of Macon this 11-18-87. /s/ Steven G. Durden Clerk of Council November 30, 1987 I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of Ordinance #087-0041 amending the Macon Pensions and Retirement System is a true and correct copy of said Ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia. /s/ Steven G. Durden Steven G. Durden City Clerk STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM

Page 5446

HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 10/31, 11/7, 11/14 /s/ Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF NOVEMBER, 1987 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 MACON PENSION RETIREMENT SY CITY HALL MACON, GA 31298 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 Official Code of Georgia Annotated Section 36-35-3 designated as the Municipal Home Rule Act of 1965, as amended, so as to amend the vesting schedule under 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. Lisa L. Bullard Assistant City Attorney City of Macon 10/31; 11/07; 11/14/87-746556

Page 5447

Filed in the Office of the Secretary of State December 2, 1987. CITY OF MACONMACON FIRE AND POLICE EMPLOYEE'S RETIREMENT SYSTEM. AN ORDINANCE OF THE CITY OF MACON AMENDING SECTION (3) OF ARTICLE V, SECTION (1), SECTION (3) AND SECTION (4)(b) OF ARTICLE III AND SECTION (4)(b) OF ARTICLE IV OF THE MACON FIRE AND POLICE EMPLOYEE'S RETIREMENT SYSTEM AS SET FORTH IN AN ACT OF THE GENERAL ASSEMBLY OF GEORGIA, APPROVED APRIL 16, 1969 (GEORGIA LAWS 1969, PAGE 2801, SECTIONS 1 AND 2), AS AMENDED BY AN ACT APPROVED APRIL 3, 1972 (GEORGIA LAWS 1972, PAGE 3821), AS AMENDED, INCORPORATED BY REFERENCE IN THE CHARTER OF THE CITY OF MACON, DIVISION I, ARTICLE V, CHAPTER 5, SECTION 5-502, PARAGRAPH (a), CODE OF MACON, GEORGIA (1978), AS AMENDED, PURSUANT TO THE HOME RULE ACT OF 1965, 1965 GEORGIA LAWS, PAGE 289, ET. SEQ., BY ADDING A VESTING SCHEDULE; BY AMENDING THE NORMAL RETIREMENT DATE; BY ADDING AN EARLY RETIREMENT DATE FOR DEFERRED BENEFITS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon; and it is hereby ordained by the authority of same pursuant to the authority granted by the City of Macon and under the Municipal Home Rule Act of 1965 (1965 Georgia Laws, Page 298 et. seq., as amendment; O.C.G.A. Section 36-35-3 et. seq.) as follows: 1. Section (3) of Article V of the Macon Fire and Police Department Employees Retirement Act is hereby amended by deleting in its entirety said Section (3) and substituting in lieu thereof a new Section (3) which reads as follows:

Page 5448

ARTICLE V DEATH OR TERMINATION OF EMPLOYMENT (3) Termination of Employment . Upon an employee's termination of employment for any reason other than death, disability or retirement, he shall be entitled to a deferred monthly benefit commencing as of his early or normal retirement date, as defined in Article III. The benefit shall be computed in the same manner as defined in Article IV, Section (1), considering average compensation at the date of termination. The benefit shall then be multiplied by a fraction (not greater than 1), the numerator of which shall be the employee's years of service at date of termination not to exceed twenty-five (25) years, and the denominator of which shall be twenty-five (25) years. In addition, the benefit, as determined above, is adjusted in accordance with the vesting percentages, as follows: Years of Service at Date of Separation Percentage of City Paid Portion of Benefit Less than 5 Years 0% 5 years but less than 6 years 10% 6 years but less than 7 years 20% 7 years but less than 8 years 30% 8 years but less than 9 years 40% 9 years but less than 10 years 50% 10 years but less than 11 years 60% 11 years but less than 12 years 70% 12 years but less than 13 years 80% 13 years but less than 14 years 90% 14 years and over 100% If the payment of an employee's deferred termination benefit commences as of his early retirement date, the benefit described in this section shall be reduced by five-twelths (5/12) of one (1) percent for each month by which the early retirement date precedes the normal retirement date. Upon the termination of an employee who is not eligible for any benefit under the plan, such employee shall receive a refund of his employee contributions, if any said contributions

Page 5449

were made by employee. Any employee entitled to a deferred termination benefit, as defined under this section, shall not ordinarily receive a refund of employee contributions, if any such contributions have been made. However, should any employee entitled to a deferred termination benefit request a refund of his employee contributions, if any, then said employee shall sign a waiver of deferred termination benefit before such refund is granted and shall have no other remaining rights or interest in the plan. 2. Section (1) of Article III of the Macon Fire and Police Department Employees Retirement Act is hereby amended by deleting in its entirety said Section (1) and substituting in lieu thereof a new Section (1) which reads as follows: ARTICLE III RETIREMENT DATES (1) Normal Retirement Date . The normal retirement of an employee shall be the first day of the month coinciding with or next following the date which is twenty-five (25) years from the date the employee became a member of the system and the attainment of age fifty (50), whichever is later. Any employee may retire from the employment of the city on his normal retirement date, except as otherwise provided in subsections (2) and (3) of this Article III. 3. Section (3) of Article III of the Macon Fire and Police Department Employees Retirement Act is hereby amended by deleting in its entirety said Section (3) and substituting in lieu thereof a new Section (1) which reads as follows: ARTICLE III RETIREMENT DATES (3) Early Retirement Date . An employee may retire from the employment of the city on the first day of any month prior to his normal retirement date, provided the employee has

Page 5450

completed twenty-five (25) years of service. Such date of retirement shall be the early retirement date of the employee. The early retirement date for the purpose of a deferred benefit under Article V, Section (3) shall be the first day of the month coinciding with or next following the date which is twenty-five (25) years from the date the employee became a member of the system. 4. Subsection (b) of Section (4) of Article III of the Macon Fire and Police Department Employees Retirement Act is hereby amended by deleting in its entirety said Subsection (b) and substituting in lieu thereof a new Subsection (b) which reads as follows: (4) Disability Retirement Date . (b) Not in Line of Duty : An employee who becomes totally and permanently disabled from causes not arising out of and in the course of his employment, but after the completion of fifteen (15) years of service, shall be retired on the first day of the month next following the date upon which the board makes a determination that the employee is permanently and totally disabled or upon the day the board makes such determination if made on the first day of a month. Should an employee become disabled prior to completion of five (5) years of service, except as provided in (a) above, the employee shall receive only a refund of his accumulated contributions, if he has made such contributions. 5. Subsection (b) of Section (4) of Article IV of the Macon Fire and Police Department Employees Retirement Act is hereby amended by deleting in its entirety said Subsection (b) and substituting in lieu thereof a new Subsection (b) which reads as follows: ARTICLE IV RETIREMENT BENEFITS (4) Disability Retirement Benefit . (b) Not in Line of Duty : An employee, upon retirement on his disability retirement date, as provided in Article III (4)(b),

Page 5451

shall receive an immediate monthly retirement benefit which shall commence on the employee's disability retirement date and shall be payable on the first day of each month thereafter during the lifetime and the continued disability of the employee. The amount of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit except that average compensation shall be determined as of the employee's disability retirement date, but reduced in accordance with his length of service as set forth in the following schedule: 15 years actual service 40% of benefit 16 years actual service 45% of benefit 17 years actual service 50% of benefit 18 years actual service 55% of benefit 19 years actual service 65% of benefit 20-25 years actual service 65% of benefit If an employee has less than five (5) years of service, he shall receive a refund of his accumulated contributions, if he has made such contributions. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 3rd day of November, 1987. /s/ Eugene C. Dunwody Eugene C. Dunwody, President APPROVED this 12th day of November, 1987. /s/ George M. Israel, III George M. Israel, III Mayor SO ORDAINED this 17th day of November, 1987. /s/ Eugene C. Dunwody Eugene C. Dunwody, President APPROVED this 18th day of November, 1987. /s/ George M. Israel, III George M. Israel, III Mayor

Page 5452

SUBMITTED TO MAYOR'S OFFICE November 4, 1987 RETURNED FROM MAYOR'S OFFICE November 17, 1987 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 11-3-87. Witness my hand and seal of the City of Macon this 11-4-87. /s/ Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE November 18, 1987 RETURNED FROM MAYOR'S OFFICE November 19, 1987 City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held 11-17-87. Witness my hand and seal of the City of Macon this 11-18-87. /s/ Steven G. Durden Clerk of Council November 30, 1987 I, Steven G. Durden, City Clerk, do hereby certify that the attached copy of Ordinance #087-0040 amending the Macon Fire and Police Employee's Retirement System, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall, Macon, Georgia. /s/ Steven G. Durden Steven G. Durden City Clerk (Seal) STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, JIM

Page 5453

HUNTSINGER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH AND 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 TELEGRAPH AND NEWS ON THE FOLLOWING DATES: 10/31, 11/7, 11/14 /s/ Jim Huntsinger SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF NOVEMBER, 1987 /s/ Pamela S. McQueen NOTARY PUBLIC, BIBB COUNTY, GEORGIA MY COMMISSION EXPIRES SEPT. 4, 1990 MACON PENSION RETIREMENT SY CITY HALL MACON, GA 31298 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, (a) of the Code of Macon, Georgia (1978), as amended in accordance with the procedure set forth in Official Code of Georgia Annotated Section 36-35-3 designated as the Municipal Home Rule Act of 1965, as amended, so as to provide a vesting schedule under the Macon Fire and Police Department Employees' 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. Lisa L. Bullard Assistant City Attorney City of Macon 10/31; 11/07; 11/14/87-746559

Page 5454

Filed in the Office of the Secretary of State December 2, 1987. CITY OF GAINESVILLERETIREMENT SYSTEM. HR 87-02 AN ORDINANCE AN ORDINANCE TO AMEND ARTICLE 6 OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA ENTITLED RETIREMENT SYSTEM AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND THE OFFICIAL CODE OF GEORGIA 36-34-2 and 36-35-3; BY AMENDING SECTION 3.61 ENTITLED, SALARY ASSESSMENTS, TO DECREASE THE AMOUNT THE CITY PAYS INTO THE RETIREMENT FUND TO SIX PERCENT (6%); BY AMENDING SECTION 3.68 ENTITLED WARRANTS FOR WITHDRAWAL OF MONEY TO ADD SUBPARAGRAPH (b) TO PROVIDE FOR THE PAYMENT OF FEES AND COSTS FROM THE FUND; BY AMENDING SUBPARAGRAPH (a) OF SECTION 3.69 ENTITLED RETIREMENT ELIGIBILITY, TO PROVIDE FOR NORMAL RETIREMENT BENEFITS; BY AMENDING SUBPARAGRAPH (a-2) OF SECTION 3.69 ENTITLED RETIREMENT ELIGIBILITY TO PROVIDE FOR BENEFITS FOR EMPLOYEES WHO TERMINATE EMPLOYMENT PRIOR TO BEING ELIGIBLE FOR RETIREMENT; BY AMENDING SUBPARAGRAPH (a-3) OF SECTION 3.69 ENTITLED RETIREMENT ELIGIBILITY TO PROVIDE FOR DELAYED RETIREMENT BENEFITS AND THE DEFINITION THEREOF; BY AMENDING SUBPARAGRAPH (b) OF SECTION 3.69 ENTITLED, RETIREMENT ELIGIBILITY,

Page 5455

TO DEFINE NORMAL RETIREMENT AGE; BY AMENDING SUBPARAGRAPH (a) OF SECTION 3.70 ENTITLED, RETIREMENT BENEFITS, TO PROVIDE FOR A NEW TITLE, RETIREMENT AND DISABILITY BENEFITS, AND TO PROVIDE INCREASED BENEFITS TO BE PAID TO EMPLOYEES WHO ELECT TO WORK UP TO BUT NOT EXCEEDING 30 YEARS; BY AMENDING SUBPARAGRAPH (b) OF SECTION 3.70 ENTITLED RETIREMENT BENEFITS TO PROVIDE FOR THE SUBSTITUTION OF THE WORD NORMAL FOR THE WORD MAXIMUM; BY AMENDING SECTION 3.70 ENTITLED, RETIREMENT BENEFITS, TO ADD SUBPARAGRAPH 3.70(g) TO PROVIDE A ONE TIME COST OF LIVING ADJUSTMENT FOR EACH RETIRED EMPLOYEE, AS OF THE EFFECTIVE DATE OF THIS AMENDMENT; TO ADD SUBPARAGRAPH 3.70 (h) TO PROVIDE A ONE TIME MONTHLY INCREASE TO RETIRED EMPLOYEES WITH 20 YEARS OF SERVICE RECEIVING LESS THAN $5,200.00 OF ANNUAL RETIREMENT BENEFITS; AND TO ADD SUBPARAGRAPH 3.70 (i) TO PROVIDE FOR DISABILITY BENEFITS; BY AMENDING SECTION 3.72 ENTITLED, EMPLOYEES SUBJECT TO ARTICLE, TO PROVIDE THAT THE CITY MANAGER SHALL BE ELIGIBLE FOR RETIREMENT BENEFITS; BY AMENDING SECTION 3.74 ENTITLED FUNDS NOT SUBJECT TO LEGAL PROCESS TO EXCLUDE TAXES PROVIDED BY FEDERAL LAW; TO PROVIDE FOR A REPEALING CALUSE; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER PURPOSES. Filed in Clerk's Office 10-26-87 Published 10-18-87 Published 10-25-87 Published 11-01-87 First Reading 11-03-87 Passed 11-23-87 SECTION I . Section 3.61 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: The City of Gainesville shall, each month, levy upon the salary of each and every classified monthly salaried employee of said city an assessment of six and three-quarters (6-3/4%) per cent of said salary, which assessment shall be deducted from the salary of each employee by the city clerk or other officer in charge of the payment of such salaries. The City of Gainesville shall, through its city commission, appropriate from the funds of the City of Gainesville, and pay into the retirement fund hereby created, a sum of money equal to six (6%) per cent of the aggregate amount of the salaries of the employees affected hereby.

Page 5456

Whenever additional benefits are recommended, the board of trustees will first determine the requirement for additional funding, if any, and shall recommend the method of obtaining the funding as part of the overall additional benefits recommendation. No additional benefits shall be provided for which funding, if applicable, is not designated by the city commission at the time benefits are approved. SECTION II . Section 3.68 of the Charter of the City of Gainesville, Georgia is hereby amended by adding subparagraph (b), which shall read as follows: (b) All administrative and actuarial fees and costs incurred by the retirement fund shall be paid out of the retirement fund. SECTION III . Section 3.69 (a) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (a) An employee must have been a classified monthly salaried employee, in the aggregate service of the City of Gainesville, for twenty-five (25) years (or such lesser time if he has obtained his normal retirement date) to be eligible for normal retirement benefits as set out in section 3.70 (a), and must have paid into said retirement fund the salary assessments set out in section 3.61 (a) as set out or amended from time to time. SECTION IV . Section 3.69 (a-2) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (a-2) An employee who terminates employment with the City prior to being eligible for early or normal retirement and has completed at least ten (10) years of continuous service may elect to leave his contributions in the retirement fund

Page 5457

and be entitled to a deferred pension at his otherwise normal retirement date as set out in section 3.71(b). SECTION V . Section 3.69 (a-3) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (a-3) An employee may elect delayed retirement benefits which are defined as the salary and service accrued by an employee after his normal retirement date. Service, for the purpose of this Article, is limited to a maximum of 30 years. SECTION VI . Section 3.69(b) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (b) Normal retirement age is defined as the completion of 25 years of service or attaining age 60, whichever occurs first; however, an employee may continue employment after normal retirement age and will receive credit for salary and service up to the date of actual retirement. An employee's normal retirement date will be the first day of the month coincident with or next following the attainment of his normal retirement age. SECTION VII . Section 3.70(a) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: Section 3.70. Retirement and Disability Benefits (a) An employee retiring under the provisions of this act shall receive monthly benefits for the remainder of his life in a sum of money equal to two and one-fourth (2-1/4%) per cent times his average monthly salary, times his years of service not to exceed thirty (30) years, for benefit calculation purposes. Average monthly salary shall be defined as the five (5) highest consecutive calendar years during an employee's period of service divided by sixty (60). This formula for benefit is demonstrated by the following example:

Page 5458

Employee had total salary for employees highest paid five (5) consecutive years of sixty thousand dollars ($60,000.00). The average monthly salary can be obtained by dividing this sixty thousand dollars ($60,000.00) by sixty (60) months yielding an average monthly salary of one thousand dollars ($1,000.00) a month. If said employee had thirty (30) years of service or more, his or her benefit would be sixty-seven and one-half (67-1/2%) per cent of one thousand dollars ($1,000.00) (his or her average monthly salary) or six hundred seventy-five dollars ($675.00) per month. SECTION VIII . Section 3.70(e) of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: (e) Upon the completion of at least twenty (20) or more years of service with the City prior to an employee's normal retirement date, an employee may elect to retire early and receive either the right to a deferred pension commencing at his otherwise normal retirement date or with some reduction, the right to have this pension commence immediately upon his early retirement. The benefit upon such early retirement will be calculated as for normal retirement reflecting the average salary and the service up to the date of such early retirement. If the retirement commences immediately, such benefit will be reduced by five (5%) per cent for each year or fraction thereof that the employee's age at early retirement is less than his otherwise normal retirement age. SECTION IX . Section 3.70 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a subparagraph (g) which shall read as follows: (g) Each retired employee, as of the effective date of this amendment shall receive a one time cost of living adjustment to his present retirement benefits of one (1%) per cent for each year the employee has been retired. The formula for these benefits is demonstrated by the following example: Employee retired fifteen (15) years would receive a fifteen (15%) per cent benefit increase.

Page 5459

SECTION X . Section 3.70 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a subparagraph (h) which shall read as follows: (h) Each retired employee, as of the effective date of this amendment who was employed at least twenty (20) years by the City and who is receiving less than five thousand two hundred dollars ($5,200.00) of retirement benefits per year shall receive the adjustment in 3.70(g) above and in addition, on a one time basis only, an additional twenty dollars ($20.00) per month not to exceed $240.00 per year, effective the 1st day of the month following the passage of this amendment. SECTION XI . Section 3.70 of the Charter of the City of Gainesville, Georgia is hereby amended by adding a subparagraph (i), which shall read as follows: (i) An employee determined to be disabled as provided in section 3.69 (d)(1)-(6) and having completed one (1) year of service shall be eligible for disability benefits of twenty-five (25%) per cent of his average monthly salary or an amount equal to his accrued retirement benefits, whichever is greater at the time he is determined to be disabled. SECTION XII . Section 3.72 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: Employees subject to the provisions of this article shall be all classified monthly employees of the City of Gainesville and the City Manager; provided, however, that any person hired under the previous retirement system who was over age thirty-five (35) and was not eligible to join the retirement system, shall elect in writing, at such employee's option, whether to be subject to the provisions of this retirement system. Classified weekly employees and nonclassified occassional and temporary employees working for weekly or hourly

Page 5460

wages are not subject to the provisions of this article. Any person who is or was over fifty-five (55) years of age at the time of employment by the city shall not be eligible for retirement benefits nor shall he be responsible for contributions under this article. SECTION XIII . Section 3.74 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: The retirement fund and the benefits provided for in this act shall not be subject to garnishment for debt or to any other legal process or proceeding except for taxes provided by federal law. SECTION XIV . The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and Official Code of Georgia Annotated 36-34-2 and 36-35-3. SECTION XV . The effective date of this Ordinance is December 1, 1987 SECTION XVI . All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came W. B. McLemore, who, being first duly sworn, according to law, says that he is an agent of The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place of business in said County, and that the attached copy of the notice that

Page 5461

Article 6 of the Charter Laws of the City of Gainesville, Georgia entitled Retirement System and particularly Sections 3.61, 3.69(a), (a-3), (b) 3.70(a) and 3.72 have been amended and subparagraphs (g), (h), and (i) have been added to Section 3.70 was published once a week for three (3) weeks on the following days: October 18, 1987 October 25, 1987 November 1, 1987 THE TIMES By /s/ W. B. McLemore Classified Adv. Mgr. Sworn to and subsribed before me this 2nd day of December, 1987. /s/ Susan M. Harvey Notary Public Notary Public, Georgia, State at Large My Commission Expires Jan. 15, 1989 (SEAL) LEGAL NOTICE HR 87-02 AN ORDINANCE. An ordinance to amend article 6 of the Charter Laws of the City of Gainesville, Georgia entitled Retirement system as authorized by the Charter of the City of Gainesville, Georgia and the official code of Georgia S36-34-3 and S36-35-3; by amending section 3.61 entitled, salary assessments, to decrease the amount the City pays into the retirement fund to six percent (6%); by amending Section 3.68 entitled Warrants for Withdrawal of Money to add subparagraph (b) To provide for the payment of fees and costs from the fund; by amending subparagraph (a) of Section 3.69 entitled retirement eligibility to provide for normal retirement benefits; by amending subparagraph (a-2) of Section 3.69 entitled retirement eligibility to provide for benefits for employees who terminate employment prior to being eligible for retirement; by amending subparagraph (a-3) of Section 3.69 entitled retirement eligibility to provide for delayed retirement

Page 5462

benefits and the definition thereof; by amending subparagraph (b) of Section 3.69 entitled, retirement eligibility, to define normal retirement age; by amending subparagraph (a) of Section 3.70 entitled, retirement benefits, to provide for a new title, retirement and disability benefits, and to provide increased benefits to be paid to employees who elect to work up to but not exceeding 30 years, by amending subparagraph (b) of Section 3.70 entitled retirement benefits to provide for the substitution of the word normal for the word maximum; by amending Section 3.70 entitled, Retirement benefits, to add subparagraph 3.70 (g) To provide a one time cost of living adjustment for each retired employee, as of the effective date of his amendment; to add subparagraph 3.70 (h) To provide a one time monthly increase to retired employees with 20 years of service receiving less than $5,200.00 of annual retirement benefits; and to add subparagraph 3.70 (i) To provide for disability benefits; by amending Section 3.72 entitled, employees subject to article, to provide that the City-Manager shall be eligible for retirement benefits; by amending Section 3.74 entitled funds not subject to legal process to exclude taxes provided by Federal Law; to provide for a repealing clause; to provide for an effective date; and to provide for other purposes. A copy of the proposed charter amendment is on file in the Clerk of the City Commission for the City of Gainesville and a copy of the proposed charter amendment is on file in the office of the Clerk of the Superior Court of Hall County, Georgia. A copy of the proposed charter amendment shall be furnished by the City Clerk of the City Commission of Gainesville, Georgia upon request. #7906 Oct 18, 25, Nov. 1. Filed in the Office of the Secretary of State December 4, 1987.

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CITY OF ALBANYASSESSMENTS FOR STREET, SEWER, GAS, WATER, AND OTHER IMPROVEMENTS. AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35, OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO CLARIFY THE METHOD BY WHICH PROPERTY OWNERS SHALL MANIFEST ASSENT TO AN ASSESSABLE IMPROVEMENT PROJECT; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same: SECTION 1 . Section 33(A) of the Charter of the City of Albany, as amended, providing for street improvements and for the assessment of costs thereof, is hereby amended by adding an additional paragraph to said section immediately following the second paragraph of said Section 33(A), to read as follows: In determining whether the requisite fifty-one percent (51%) or more of the property owners to be assessed has been obtained, an affirmative expression of such consent must be received in writing, signed by the property owner. SECTION 2 . Section 34(9) of the Charter of the City of Albany, entitled Sewers; extension of gas, water, etc., is amended by adding an additional paragraph to said Section 34(9) immediately following the first paragraph of said section to read as follows: In determining whether the requisite fifty-one percent (51%) or more of the property owners to be assessed has been obtained, an affirmative expression of such consent must be received in writing, signed by the property owner. SECTION 3 . Pursuant to the provisions of Section 36-35-4 of the Official Code of Georgia Annotated, as amended, this

Page 5464

ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. SECTION 4 . All ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed. /s/ W. M. Larry Bays MAYOR I do hereby certify that this is a true and correct copy. /s/ Sue P. Whiddon, Asst. City Clerk ATTEST: /s/ Joann Pope CITY CLERK Adopted; November 10, 1987 Adopted: November 24, 1987 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, James M. Robinson, II, who, having been sworn, states that (s)he is Classified Advertising Manager for The Albany Herald Publishing Company, Inc., that The Albany Herald Publishing Company, Inc, is the publisher of The Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia are published, and that the legal notice, a copy of which is annexed hereto, was published in The Albany Herald once a week for three (3) weeks on the following dates: November 3, 10 and 17, 1987. /s/ James M. Robinson II

Page 5465

Sworn to and subscribed before me this 18 day of November, 1987, in the presence of: /s/ Pauline Buckner Notary Public My Commission Expires May 20, 1989. (Seal) NOTICE Notice is given that there has been filed with the Clerk of the City Court of Albany, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Albany so as to clarify the method by which property owners shall manifest assent to an assessable improvement project. 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 November 3, 10, 17, 1987 Filed in the Office of the Secretary of State December 2, 1987.

Page 5466

CITY OF CANTONAD VALOREM TAX LIMITATION. CITY OF CANTONAD VALOREM TAX An Ordinance enacted pursuant to the Official Code of Georgia, Section 36-35-3, to amend Section 43 of the Charter of the City of Canton deleting therefrom any reference to the seventenths of one percent (.7%) limitation on Ad Valorem Tax Levy on real and personal property during any one year and inserting in lieu thereof a nine-tenths of one percent (.9%) limitation on Ad Valorem Tax Levy on real and personal property during any one year; to repeal conflicting Ordinances and for other purposes. Be it Ordained by the Mayor and City Council of the City of Canton, a political subdivision of the State of Georgia: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia Section 36-35-3, and Article 9, Section 4, Paragraph 1 of the 1983 Constitution of the State of Georgia, Section 43, of the Charter of the City of Canton is hereby amended by striking in its entirety Section 43 of the Charter which is captioned Ad Valorem Tax and substituting therefor an entire new Section 43 of the Charter as codified, the new Section 43 to read as follows: Sec. 43 Ad valorem tax . For the purpose of raising revenue for the support and maintenance of the government of the City of Canton, the mayor and council of said municipality shall have power of authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the City of Canton, not exceeding during any one year nine-tenths of one percent (.9%); as hereafter set forth, nor does or shall the same include any tax to be raised for the purpose of paying off the principal and interest of the existing bonds issued by the City of Canton, nor does or shall the same include any tax that may be necessary in the judgment of the Mayor and Council of the City of Canton for the purpose of meeting and paying off the principal and interest that may become due and payable on any bonds that may hereafter

Page 5467

be issued by said City of Canton, or for providing a sinking fund for the final payment when due, of the principal and interest on any of such bonds. (Ga. L. 1922, p. 604, as amended by Ord. of 7/8/85, as amended) Section 2. Repeal for certain purposes. On Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. Section 4. Severability. It is hereby declared to be the intent of the Mayor and City Council of the City of Canton that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 7th day of August, 1986 (First Reading) Vote: 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Walton C. Davis, Jr. COUNCIL, CITY OF CANTON /s/ R. C. Sibley Arnold Fowler Albert F. Schwamlein, Jr. Wallace Chambers L. F. Jerrett William A. Teasley Attest: /s/ Judy G. Wehunt City Clerk

Page 5468

This 4th day of Sept, 1986 (Second Reading) Vote: 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Walton C. Davis, Jr. COUNCIL, CITY OF CANTON /s/ Wallace Chambers L. F. Jerrett William A. Teasley Arnold Fowler R. C. Sibley Albert F. Schwamlein, Jr. Attest: /s/ Judy G. Wehunt City Clerk M-242 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Thursday, September 4, 1986, to amend Section 43 of the Charter of the City of Canton relating to ad valorem tax by changing the limitation of ad valorem tax levy on real and personal property from.07% of 1% to.09% of 1% and to repeal all Ordinances in conflict herewith. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of

Page 5469

Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 8th day of August, 1986. /s/ William G. Hasty, Jr. William G. Hasty, Jr. Attorney for City of Canton 8: 13,20,27 AFFIDAVIT I, Bruce Thomas certify that the attached advertising was published in The Cherokee Tribune, official organ of Cherokee County, Georgia, on the following dates: (Notice of Intention to Amend Charter of The City of Canton) August 13, 20 27, 1986 /s/ Bruce Thomas PUBLISHER, The Cherokee Tribune Sworn to and subscribed before me December 2, 1987 /s/ Carolyn Manous NOTARY PUBLIC (Seal) Filed in the Office of the Secretary of State December 10, 1987.

Page 5470

CITY OF CANTONMUNICIPAL COURT; NAME; FINES. CITY OF CANTONRECORDER'S COURT CHANGED TO MUNICIPAL COURT OF THE CITY OF CANTON; RECORDER OF THE CITY OF CANTON CHANGED TO JUDGE OF MUNICIPAL COURT OF THE CITY OF CANTON AND TO INCREASE THE MAXIMUM MONETARY FINE TO $1,000.00, ETC. An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to provide for an amendment to the Charter of the City of Canton to change the name of Recorder's Court to Municipal Court of the City of Canton; Recorder of the City of Canton to Judge of Municipal Court of the City of Canton and to increase the maximum monetary fine to $1,000.00; to provide an effective date of this Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. Be it Ordained and it is hereby Ordained by the Mayor and City Council of the City of Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, the Charter of the City of Canton is hereby amended as follows: A. By striking in its entirety Section 25 Recorder and substituting therefor an entirety new Section 25 of the Charter as codified the new Section 25 to be captioned: Judge of the Municipal Court of the City of Canton and the new Section 25 to read as follows: The Mayor and Council, at their first meeting, or as soon thereafter as possible, shall elect a Judge of the Municipal Court of the City of Canton, who may be the Mayor, any member of the Council or any citizen of the City of Canton, and shall hold his office till removed by the Mayor and Council, or for one (1) year, and till his successor is elected and qualified. He shall have authority to try all of the offenders and violators of the laws and ordinances of the City of Canton. The Mayor and Council shall fix and provide his salary, or his fees. They shall also

Page 5471

elect an assistant Judge who shall try all persons for violating the Laws and Ordinances of the City of Canton when the Judge is absent, sick, disqualified or from any other cause he cannot serve. His qualifications shall be the same as are required of the Judge of the Municipal Court of the City of Canton. The Mayor and Council may appoint a Judge of the Municipal Court of the City of Canton pro tem to try any case in which both the Judge of the Municipal Court of the City of Canton and his assistant are absent or disqualified. B. By striking in its entirety Section 26 Recorder's Court; Recorder's Powers; Bond Forfeitures and substituting therefor an entirely new Section 26 of the Charter as codified. The new Section to be captioned Municipal Court of the City of Canton; Judge's Powers; Bond Forfeitures and the new Section 26 to read as follows: The Judge shall try all violators and offenders against the Laws and Ordinances of said City of Canton, while sitting to try violators shall be known as Municipal Court of the City of Canton. Said Court shall hold regular monthly sessions to try violators of its Laws and Ordinances; to render judgment on any forfeited bond; it may hold daily sessions for the purposes only of trying any violators of its Laws and Ordinances; it may issue subpoenas, and compel witnesses to appear and testify in its Court; the Judge while sitting to try cases may try and convict offenders of the Laws and Ordinances of said City; he may place fines and such sentences as he deems right upon persons so convicted, as authorized by this Charter; he may fine for contempt not over $25.00, and imprison not exceeding 30 days; he may administer an oath to anyone under the same rules as now provided for a Magistrate Court; he shall keep a docket and minute book in which he shall keep a record of all cases and how disposed of, including all judgments and orders; he shall be his own clerk, and shall give certified copies of what may appear on his books; he may bind over to the Superior Court, or commit to the jail of Cherokee County anyone who may violate any state law; he may issue warrants either on his own motion or on information from another by affidavit; he may issue executions on any judgment of his own Court on any forfeited bond or any fine imposed, and any such judgment and execution shall have the same force and effect as any judgment and execution from any other Court of this state, and

Page 5472

may be enforced by law and sale. When any forthcoming bond has been forfeited for non-appearance of the principal, the Judge shall pass an order at the term of Court to which the principal in said bond was required to appear calling upon the principal and surety to show cause why judgment should not be rendered upon said bond; and a copy of the bond and the order of Court shall be served on principal and surety at least 10 days before the term of Court at which the same shall be heard by the Municipal Court of the City of Canton. Judgment shall be rendered upon said bond against anyone served, unless it appears that the principal is dead, or is produced in Court, or delivered by the surety to the Chief of Police of said City. C. By striking in its entirety Section 26A Authority of Recorder's Court to Set Fines up to $300.00 and substituting therefor an entirely new Section 26A of the Charter as codified. The new Section to be captioned Authority of the Municipal Court of the City of Canton to Set Fines up to $1,000.00 and the new Section 26A to read as follows: Notwithstanding anything in this charter to the contrary, the Judge of Municipal Court of the City of Canton, while sitting to try cases, may place fines up to $1,000.00 per offense. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. Section 4. Severability. It is hereby declared to be the intent of the Mayor and City Council of the City of Canton that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 6th day of June, 1985 (First Reading) Vote: 6 Years, 0 Nays.

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Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R.C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk (Seal) PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE:

Page 5474

I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attaced notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly Of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L. Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL) 901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes.

Page 5475

A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26,7: 3 902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

Page 5476

This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26; 7: 3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provision of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

Page 5477

This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26; 7: 3 Filed in the Office of the Secretary of State December 14, 1987. CITY OF CANTONEXECUTIONS; REDEMPTION. CITY OF CANTONEXECUTIONS: ADVERTISEMENT OF SALE; REDEMPTION; TAX SALE An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 47.20 of the Charter of the City of Canton so that whenever any land is sold the owner thereof shall have the privilege of redeeming said lands thus sold within one (1) year by paying the purchaser thereof such amount as prescribed by Section 48-4-42 of the Official Code of Georgia; 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 Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 47.20, of the Charter of the City of Canton is hereby amended by striking the phrase: .....Whenever any land is sold the owner thereof shall have the privilege of redeeming said lands thus sold within one (1) year of paying the purchaser

Page 5478

the amount paid by said purchaser for said land, with 10 percent premium thereon from the date of the purchase to the time of the payment..... and substituting therefor the phrase Whenever any land is sold the owner thereof shall have the privilege of redeeming said lands thus sold within one (1) year by paying the purchaser thereof such amount as prescribed by Section 48-4-42 of the Official Code of Georgia. so that as amended, Section 47.20 of the Charter of the City of Canton will read as follows: Section 47.20: Executions; advertisement of sale; redemption; tax sale. All executions issued by the Clerk of Council of said City of Canton for taxes, bond forfeitures, fines and other executions that may be issued by said City under its Charter powers shall bear teste in the name of the Mayor and Council of said City and shall be directed to the Chief of Police of said City and to all and singular the Sheriffs and Constables of this State, and their lawful deputies and shall state for what issued, and be made returnable to the Clerk of Council aforesaid within 90 days after the issuance of the same, and it shall be the duty of the said Chief of Police and other collecting officers to advertise the sale of such real estate or personal property as may have been levied upon by him to satisfy said execution in the same manner respectively as sheriff's sales of real property or constable's sales of personal property are required by law to be made, and the time, place and manner of sales of property, both real and personal, for taxes due to said City of Canton shall be the same as that provided by law for sheriff's sales for State and County taxes; provided, that sales may be conducted by the Chief of Police of said City and had before the door of the Council Chamber, or the usual place of meeting of the said Mayor and Council. Whenever any land is sold the owner thereof shall have the privilege of redeeming said lands thus sold within one (1) year by paying the purchaser thereof such amount as prescribed by Section 48-4-42 of the Official Code of Georgia. Whenever at any such sale by said City of Canton for taxes due it by its Chief of Police or duly authorized officer, no one present shall bid for the property put up to be sold, as much as the tax for which it is proposed to sell the same, and the officer's cost, if any be due thereon, after such property shall have been cried a reasonable time then any duly appointed officer or agent of said City may bid off such property for said taxes, and the Chief of Police or other officer making such sale, shall make to the

Page 5479

said City a deed to the property so sold, and deliver the same to the officer designated by said City to receive it and the title acquired by said City at such sale and by such deed shall be perfect, valid and binding after the period above provided for redemption by the owners shall have elapsed and there is no redemption by the owners, as if purchased by an individual or a corporation other than the said City of Canton, and the Chief of Police or other duly authorized officer making the sale shall put the said City of Canton through any officer or agent it may designate in the possession of the property so sold. The Mayor and Council shall not be capable of divesting or alienating title of the City to any property so purchased, except by a public sale of the same to the highest bidder, same to be sold as may be provided by ordinance; provided, that where it is clearly shown to the Mayor and Council that property, either returned or unreturned, has been sold and purchased by said Mayor and Council to protect its taxes and the cost of collecting the same, and that said Mayor and Council has not parted with title to the same, such Mayor and Council may by unanimous vote be authorized to quitclaim such property to the owner thereof at the time of the purchase by said Mayor and Council, his administrators, executors, heirs or assigns, upon payment of all taxes which may be due and all costs due by reason of said sale. The Chief of Police or other duly authorized officer of said City shall be allowed the same fees for his services for sales under executions issued by said City as are allowed sheriffs and constables of this State and similar services in sales under executions issued from the justice and Superior Courts of this State. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. Section 4. Severability. It is hereby declared to be the intent of the Mayor and City Council of the City of Canton that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance.

Page 5480

This 6th day of June, 1985 (First Reading) Vote: 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R.C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk (Seal)

Page 5481

PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE: I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attaced notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L. Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL) 901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City

Page 5482

of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3 902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of

Page 5483

Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26; 7:3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provision of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of

Page 5484

Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26; 7:3 Filed in the Office of the Secretary of State December 14, 1987. CITY OF CANTONCOMMUTATION TAX. CITY OF CANTONPROVISION AS TO COMMUTATION TAX REPEALED An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 29 of the Charter of the City of Canton by deleting Section 29 in its entirety; 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 Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 29 of the Charter of the City of Canton is hereby amended by striking said Section 29 in its entirety which reads as follows:

Page 5485

All persons who have resided within the City of Canton 10 days and who are subject to work the public roads under the laws of this state, shall be required to work the streets and sidewalks of said City for not exceeding 10 days each year, under the direction of the marshal, or such officer as the Mayor and Council may direct; or said persons may pay a street tax not exceeding five dollars ($5.00) per year. Any person who may refuse to work upon the streets, or pay said tax, under such rules and regulations as may be enacted by the Mayor and Council to more effectually carry out the work, may be fined by the recorder not exceeding $10, or be required to work in the chain gang of said City not exceeding 20 days or imprisoned in jail for not exceeding 20 days; provided, no street duty or street tax shall be required of the Mayor, and Councilmen or anyone exempt by law from working the public roads, or anyone who has previously worked the streets, roads, or paid street tax or road tax at any one place for the year. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. This 6th day of June, 1985 (First Reading) Vote: 6 yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R.C. Sibley

Page 5486

Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk (Seal) PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE: I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attaced notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly Of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L. Hefner Bobby L. Hefner Publisher

Page 5487

Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL) 901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19, 26, 7: 3

Page 5488

902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26,7: 3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965

Page 5489

CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provisions of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26; 7: 3 Filed in the Office of the Secretary of State December 14, 1987.

Page 5490

CITY OF CANTONBONDS; ELECTIONS; SCHOOLS. CITY OF CANTONELECTION FOR BONDS An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 41 of the Charter of the City of Canton so as to delete any reference to .....to erect and equip any school buildings.....; to repeal conflicting Ordinances and for other purposes. Be it ordained and it is hereby Ordanied by the Mayor and City Council of the City of Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 41, of the Charter of the City of Canton is hereby amended by striking the phrase .....to erect and equip any school buildings..... so as to amend Section 41 of the Charter of the City of Canton to read as follows: The Mayor and City Council of the City of Canton are authorized and empowered to call elections by the qualified voters of said City, in accordance with the provisions of the laws of Georgia, at such time or times as said Mayor and Council may designate, to determine whether or not bonds shall be issued by the City. Bonds may be issued by said City of Canton for the purpose of erecting, establishing or enlarging any gas, electric lights or waterworks plants or systems, to levy and real estate, to erect any buildings for municipal purposes, to install or enlarge sewerage systems, to provide for the paving of its streets and sidewalks, and for the purpose of carrying out any and all of the corporate powers herein or as may hereafter be granted to said municipality, and are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton.

Page 5491

Section 4. Severability. It is hereby declared to be the intent of the Mayor and City Council of the City of Canton that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 6th day of June, 1985 (First Reading) Vote: 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R.C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr.

Page 5492

COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk (Seal) PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE: I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attaced notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly Of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L. Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL) 901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965

Page 5493

CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an `Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3 902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and

Page 5494

read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26,7; 3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes

Page 5495

from the ad valorem tax provision of the Charter of the City of Canton; to repeal the communication tax; to increase the purchasing power to the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12 day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26,7; 3 Filed in the Office of the Secretary of State December 14, 1987.

Page 5496

CITY OF CANTONAD VALOREM TAX; BONDS; SCHOOL PURPOSES. CITY OF CANTONAMENDMENT AS TO THE PURPOSE OF ISSUING BONDS An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 43 of the Charter of the City of Canton so as to delete that provision providing for prohibition of raising ad valorem taxes for school purposes; 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 Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 43, of the Charter of the City of Canton is hereby amended by striking the phrase .....provided, however, that such tax shall not include any tax provided for to be raised for school purposes..... so that as amended Section 43 of the Charter of the City of Canton shall read as follows: For the purpose of raising revenue for the support and maintenance of the government of the City of Canton, the Mayor and Council of said municipality shall have power of authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said City of Canton, not exceeding during any one year seven-tenths of one percent (.7%), as hereafter set forth, nor does or shall the same include any tax to be raised for the purpose of paying off the principal and interest of the existing bonds issued by the City of Canton, nor does or shall the same include and tax that may be necessary in the judgment of the Mayor and Council of the City of Canton for the purpose of meeting and paying off the principal and interest that may become due and payable on any bonds that may hereafter be issued by said City of Canton, or for providing a sinking fund for the final payment when due, of the principal and interest on any of such bonds. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

Page 5497

Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. Section 4. Severability. It is hereby declared to be the intent of the Mayor and City Council of the City of Canton that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 6th day of June, 1985 (First Reading) Vote: 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R.C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, 0 Nays.

Page 5498

Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L.F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk (Seal) PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE: I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attaced notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly Of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L. Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL)

Page 5499

901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3

Page 5500

902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12 day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965

Page 5501

CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provision of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12 day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3 Filed in the Office of the Secretary of State December 14, 1987,

Page 5502

CITY OF CANTONVOTER QUALIFICATIONS. CITY OF CANTONVOTER REGISTRATION LISTS An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 48 of the Charter of the City of Canton so as to amend the minimum age to be eligible to vote within the City to 18; 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 Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 48, of the Charter of the City of Canton is hereby amended by striking the phrase .....are 21 years old..... and substituting therefor the phrase .....are 18 years old..... so that as amended, Section 48 of the Charter of the City of Canton will read as follows: Section 48. Voter registration lists. It shall be the duty of the Clerk of Council of the City of Canton to keep at his office a book for the registration of voters of said City, which shall be open for registration at all times, except for a period of 30 days preceding any election to be held. No person shall be allowed to vote unless he is properly registered. All persons shall be allowed to register and vote who are qualified to vote for members of the General Assembly of Georgia, and who have paid all taxes required by the laws of said State, both State and County taxes, and who have paid all taxes and fines due said City of Canton, and who have resided in this State one (1) year, in the County six (6) months and in the City three (3) months, are 18 years old, and shall make oath or affirmation in the following manner: `I do swear, or affirm, that I am a citizen of the United States, that I am eighteen years of age, or will be on theday ofof this calendar year; that I have resided in this State for one year, in this County six months, and in this City for three months, immediately proceeding the

Page 5503

date of this oath, or will have so resided on theday ofof this calendar year; that I have paid all taxes which, since the adoption of the Constitution of 1877, have been required of me, and have paid all fines and taxes due the City of Canton; that I possess the qualifications of an elector required by the Constitutional amendment adopted in 1908; and am qualified to vote for members of the General Assembly of this State; and that I am not disfranchised from voting by reason of any offense committed against the laws of this State or City.' This oath shall be written or printed on the first page of said registration book, or near the first page thereof, and any person desiring to be registered as a voter may apply to the clerk and after reading said oath, or having same read to him, shall subscribe the same by signing his name in said voters book underneath the oath above described, or on some page following said oath. The Clerk shall administer said oath before allowing any person to sign said voters book. Said books shall be permanent records kept by the clerk and shall be furnished the managers of any election. No person shall be required to register unless he shall have ceased to be a resident of the City of Canton. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. Section 4. Severability. It is hereby declared to be the intent of the Mayor and City Council of the City of Canton that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 6th day of June, 1985 (First Reading) Vote: 6 Yeas, 0 Nays.

Page 5504

Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R. C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk (Seal) PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE:

Page 5505

I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attaced notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant to The Provisions Of That Act of the General Assembly of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L. Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL) 901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE TO PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes.

Page 5506

A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19, 26, 7: 3 902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

Page 5507

This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19, 26, 7: 3 903 NOTICE OF INTENTION TO AMMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshall in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provision of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law.

Page 5508

This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19, 26, 7: 3 Filed in the Office of the Secretary of State December 14, 1987. CITY OF CANTONWATER CLOSETS. CITY OF CANTONPROVISION AS TO WATER CLOSETS REPEALED An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 36 of the Charter of the City of Canton by deleting Section 36 in its entirety; 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 Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 36, of the Charter of the City of Canton is hereby amended by striking said Section 36 in its entirety which reads as follows: Said Mayor and Council shall have full power and authority to require the owners of any improved property, his agent or tenants in possession, to provide suitable privy or water closet

Page 5509

accommodations upon such premises as Mayor and Council shall prescribe. And they may order such water closets to be connected with the sewerage system in said City when in their judgment it is necessary to protect the health of the citizens of the City, and upon the failure of the owner, his agent or tenant to do so, shall have the work done and collect any expense incurred thereby as in case of collecting taxes due said City. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. This 6th day of June, 1985 (First Reading) Vote 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R. C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote 3 Yeas, 0 Nays.

Page 5510

Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers Attest: /s/ City Clerk (Seal) PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE: I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attaced notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly Of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L. Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL)

Page 5511

901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3

Page 5512

902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965

Page 5513

CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provision of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3 Filed in the Office of the Secretary of State December 14, 1987.

Page 5514

CITY OF CANTONCITY MANAGER; PURCHASES. CITY OF CANTONPURCHASING LIMITS OF CITY MANAGER An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 21.5 of the Charter of the City of Canton so as to increase the purchasing limits of the City Manager to $1,500.00; 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 Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 21.5, of the Charter of the City of Canton is hereby amended by striking the phrase: .....the sum of $300.00..... and substituting therefor the phrase the sum of $1,500.00 so that as amended, Section 21.5 of the Charter of the City of Canton will read as follows: Section 21.5: Purchasing Limits of City Manager. All purchases by the City Manager or contracts to pay out money in excess of the sum of $1,500.00 shall be approved in writing by the Mayor and Council, or by some person or committee appointed by an Ordinance for said person. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. Section 4. Severability. It is hereby declared to be the intent of the Mayor and City Council of the City of Canton that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction

Page 5515

such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 6th day of June, 1985 (First Reading) Vote: 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R. C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk (Seal)

Page 5516

PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE: I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attached notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly Of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL) 901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City

Page 5517

of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19, 26, 7:3 902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of

Page 5518

Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR., Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19,26;7:3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provision of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of

Page 5519

Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6:19,26;7:3 Filed in the Office of the Secretary of State December 14, 1987. CITY OF CANTONCITY MARSHAL; OFFICE ABOLISHED. CITY OF CANTONPROVISIONS AS TO THE CITY MARSHAL REPEALED An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 22 of the Charter of the City of Canton by deleting Section 22 in its entirety; 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 Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 22, of the Charter of the City of Canton is hereby amended by striking said Section 22 in its entirety which reads as follows: Section 22. Marshal. The Mayor and Council shall at its first meeting, or as soon thereafter as possible, elect a marshal

Page 5520

and from time to time may elect or appoint as many assistants for him as they may deem best and necessary, who shall keep the peace of said City; he shall warrant for any violation of any Law and Ordinance of said City of Canton or any state law; upon the order of the recorder he may imprison and work upon the chain gang any person so sentenced; he may levy upon and sell any property by authority of tax execution or execution issued from the recorder's court, and may perform such other duties required of him by the Mayor and Council; he may enter any private premises to arrest any violator of its laws and ordinances. Section 2. Where the term Marshal appears elsewhere in the Charter of the City of Canton and in any Ordinance or Law of the City of Canton it shall be changed to read Chief of Police. Section 3. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. This 6th day of June, 1985 (First Reading) Vote: 6 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R. C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal)

Page 5521

This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, 0 Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE: I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attached notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly Of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL)

Page 5522

901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26,7: 3

Page 5523

902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provisions relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26; 7: 3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965

Page 5524

CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provision of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19,26; 7: 3 Filed in the Office of the Secretary of State December 14, 1987.

Page 5525

CITY OF CANTONFINES AND PUNISHEMENT. CITY OF CANTONFINES AND PUNISHMENT An Ordinance enacted pursuant to Official Code of Georgia, Section 36-35-3, to amend Section 4 of the Charter of the City of Canton so as to delete any reference to chain gang; 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 Canton, a political subdivision of the State of Georgia, as follows: Section 1. Pursuant to the authority granted to the City under the Home Rule Act, Official Code of Georgia, Section 36-35-3, Section 4, of the Charter of the City of Canton is hereby amended by striking in its entirety Section 4 of the Charter which is captioned chain gang and substituting therefor an entirely new Section 4 of the Charter as codified, the new Section 4 to be captioned Fines and Punishment and the new Section 4 to read as follows: The City may construct and maintain a jail or prison facility for the detention of all offenders against its law. The City may attach penalties for the violation of its laws and ordinances by fines not to exceed $1,000.00, or require community or public services for periods not to exceed 60 days, or may imprison violators for periods not to exceed 12 months. Section 2. Repeal for certain purposes. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 3. Effective date. This Ordinance shall become effective upon approval at two regular successive meetings of the Mayor and Council of the City of Canton. Section 4. Severability. It is hereby declared to be the intent of the Mayor and City Council of the City of Canton that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared invalid or unconstitutional by any Court of competent jurisdiction

Page 5526

such invalidity or unconstitutionality shall affect any of the phrases, clauses, sentences, paragraphs or sections of this Ordinance. This 6th day of June, 1985 (First Reading) Votd: 6 Yeas, O Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers William A. Teasley Albert F. Schwamlein, Jr. R. C. Sibley Attest: /s/ Judy G. Wehunt City Clerk (Seal) This 8th day of July, 1985 (Second Reading) Vote: 3 Yeas, O Nays. Approved: MAYOR, CITY OF CANTON /s/ Odie P. Galt, Jr. COUNCIL, CITY OF CANTON /s/ Arnold Fowler L. F. Jerrett Wallace Chambers Attest: /s/ Judy G. Wehunt City Clerk

Page 5527

PUBLISHER'S AFFIDAVIT STATE OF GEORGIA. COUNTY OF CHEROKEE: I, BOBBY L. HEFNER, DO HEREBY CERTIFY that I am the Publisher of The Cherokee Tribune, the newspaper in which sheriff's advertisements appear for Cherokee County, Georgia, and that the attaced notices Of Intention To Amend Charter Of the City of Canton By Ordinance Pursuant To The Provisions Of That Act of The General Assembly Of Georgia Known As The Home Rule Act of 1965 were published in said newspaper on the following dates, to-wit: June 19, 1985, June 26, 1985 and July 3, 1985. /s/ Bobby L. Hefner Bobby L. Hefner Publisher Sworn to and subscribed before me this 15th day of July, 1985. /s/ Carrie Godfrey Notary Public My Commission Expires: 9-9-86 (NOTARIAL SEAL) 901 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by deleting any reference to chain gang; to increase the amount of fines which may be imposed from $300.00 to $1000.00; to change the Recorder of the City

Page 5528

of Canton to Judge of Municipal Court of City of Canton, and to change the name of Recorder's Court to Municipal Court of City of Canton; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19, 26, 7: 3 902 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by striking and deleting that Charter provision relating to water closets; to decrease the voting age as provided from 21 to 18 so as to comply with existing laws; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of

Page 5529

Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR., Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19, 26; 7: 3 903 NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF CANTON BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY OF GEORGIA KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965 CITY OF CANTON GEORGIA Notice is hereby given by the Mayor and City Council for the City of Canton that an Ordinance will be introduced and read for final adoption on Monday, July 8, 1985, to amend the Charter of the City of Canton by amending the provision regarding right of redemption so as to comply with the existing Official Code of Georgia; by deleting any reference to marshal in the Charter of the City of Canton; by deleting any reference to the construction of school buildings in the issuance of bonds; by deleting any reference to city schools or educational purposes from the ad valorem tax provision of the Charter of the City of Canton; to repeal the commutation tax; to increase the purchasing power of the City Manager from $300.00 to $1,500.00; to provide the effective date of the Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed amendment to the Charter of the City of Canton is on file in the office of the Clerk of the City of

Page 5530

Canton, and is on file in the office of the Clerk of the Superior Court of Cherokee County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This 12th day of June, 1985. /s/ William G. Hasty, Jr. WILLIAM G. HASTY, JR. Attorney City of Canton Georgia P.O. Box 677 Canton, Georgia 30114 (404) 479-1406 6: 19, 26; 7: 3 Filed in the Office of the Secretary of State December 14, 1987. CITY OF FAYETTEVILLECITY MANAGER; OFFICE CREATED. ORDINANCE TO AMEND THE CITY CHARTER OF THE CITY OF FAYETTEVILLE, GEORGIA PURSUANT TO O.C.G.A. 36-35-3 ORDINANCE NUMBER 0-37-87 CITY OF FAYETTEVILLE COUNTY OF FAYETTE STATE OF GEORGIA PREAMBLE: It is the desire of the City Council of the City of Fayetteville that it adopt a City Manager system of organization which will provide for method of appointment, qualifications, terms and compensation for the City Manager and to further provide for certain duties and responsibilities of the City Manager, and to further provide for no interference by Mayor

Page 5531

and Council as to certain administrative matters, and to provide for method of suspension and removal of the City Manager and for the appointment of an acting City Manager. This new organization will require that certain responsibilities of the Mayor for establishing and submitting to the Council an annual budget be modified. It is the belief of the City Council that such a form of internal government and organization will provide for more professional leadership and operation of the City's affairs and will further insure that personnel matters are handled by the City Manager in a professional manner and in such a way as to prevent the use of city employment for political purposes. The Council also believes that it will more clearly delineate the responsibilities of the City Manager and will guard against arbitrary and capricious actions with regard to the hiring, suspension and removal of City Managers. The Georgia Legislature, pursuant to O.C.G.A. 36-35-3, allows for the Council to amend the City's Charter; IT IS THEREFORE ORDAINED as following: 1. Section 4.02 of the Charter of the City of Fayetteville, entitled Mayor to submit annual budget. Provides as follows: On or before a date fixed by the council, but not later than sixty (60) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing seperately for the general funds, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year, (b) appropriation and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year, and (e) such other information and data, as may be considered necessary by the mayor and councilmen. Said Section shall be deleted in its entirety and there shall be substituted in lieu thereof a new Section 4.02 which shall be entitled: Mayor to submit annual budget in absence of City Manager. and which Section 4.02 shall read as follows:

Page 5532

Should the position of City Manager be vacant, or should the City Manager be absent or disabled, and should there be no appointed acting City Manager, then on or before a date fixed by the council, but not later than sixty (60) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year, (b) appropriation and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year, and (e) such other information and data, as may be considered necessary by the mayor and councilmen. 2. The Charter for the City of Fayetteville is hereby amended by the addition of a Section 3.07 which shall be entitled City Manager and which shall read and provide as follows: Sec. 3.07A. City Manager; appointment, qualifications, term, compensation . The Council shall appoint a City Manager, who shall be the administrative head of the city government, and shall be responsible for the administration of all departments. The City Manager shall be appointed with regard to merit only and need not be a resident of the City when appointed, The City Manager shall hold office during the pleasure of the Council, and shall receive such compensation as the Council shall determine. The City Manager may reside outside the City while in office only upon the approval of the Council. 3.07B. City Manager; duties and responsibilities . The City Manager shall: (1) See that the laws of the State and the ordinances, resolutions, rules and regulations of the City are faithfully executed and enforced;

Page 5533

(2) Prepare the agenda and attend meetings of the Mayor and Council and recommend for adoption any measure deemed expedient; (3) Make reports to the Mayor and Council from time to time upon the affairs of the City and keep the Mayor and Council fully advised of the City's financial condition and its future financial needs; (4) Appoint and suspend or remove all City employees, except those persons appointed by the Mayor and Council in accordance with such general personnel rules, regulations, policies or ordinances as the Mayor and Council may adopt; (5) Prepare and submit the annual budget and capital program to the Mayor and Council; (6) Direct and supervise the administration of all departments, properties, and operations of the City, except as otherwise provided by this Charter or general State law; (7) Investigate the affairs, records, accounts and expenditures of the various commissions and boards created by the City of Fayetteville, and report thereon at least once a year to the Mayor and Council; (8) Have the right to request the counsel, advice or opinion of the City Attorney concerning any matter affecting the interest of the City; and it shall be the duty of the City Attorney to respond to such request to the best of his ability; (9) Act in a liaison capacity on behalf of the Mayor and Council with boards, offices, agencies and commission of the City; (10) Exercise any other powers and perform any other duties required or authorized by the Mayor and Council and not inconsistent with this Charter.

Page 5534

Sec. 3.07C. Mayor and Council not to interfere with administration . Except for the purpose of inquiry and investigation, the Mayor and Council shall deal with City employees who are subject to appointment and removal by the City Manager solely through the City Manager and shall not give orders or directions to any such employee, either publically or privately, directly or indirectly. Sec. 3.07D. City Manager; suspension and removal . The Council may remove the City Manager from office in accordance with the following procedure: (a) The Council shall be required to adopt a preliminary resolution setting forth reasons for the removal of the City Manager. (b) The resolution may also provide for the suspension of the City Manager for a period not to exceed forty-five (45) days. (c) A copy of the resolution shall promptly be served on the City Manager. (d) A public hearing shall be held if a written request therefor is filed by the City Manager with the Mayor not later than five (5) days after service upon him of a copy of the preliminary resolution. (e) The public hearing, if requested, shall be held at a regularly scheduled or called Council meeting not less than fifteen (15) nor later than thirty (30) days after the request is filed. The City Manager may file with the Mayor a response to the preliminary removal resolution not later than three (3) days prior to the public hearing. (f) The Council shall be required to adopt a final resolution of removal which may be made effective immediately. Such a final resolution of removal may be made at any time after five (5) days from the date when a copy of the preliminary resolution was served on the City Manager if no public hearing has been requested in writing,

Page 5535

or at any time after the public hearing if a request therefor has been properly and timely filed. (g) The City Manager shall be entitled to receive his salary up until the effective date of a final resolution of removal. (h) The action of the Council in suspending or removing a City Manager shall not be subject to review by any court or agency except for the determination of constitutional questions. Sec. 3.07E. Acting City Manager . (a) In the event of the absence of disability of the City Manager or a vacancy in the office, the Council shall appoint an acting City Manager to serve until the return of the City Manager or the removal of disability or until the vacancy in office shall have been regularly filled. (b) An acting City Manager shall take the same oath, exercise all of the powers, and discharge all of the duties of the City Manager. (c) The acting City Manager shall serve at the pleasure of the Council and may be removed at any time by the Council, with or without cause and without prior notice and without any hearing. This Ordinance was read and adopted at two (2) consecutive Council meetings, to-wit: Nov 2, 1987 and Dec 7, 1987. A notice of a synopsis of this amendment was published once a week for three (3) consecutive weeks in the Fayette News, a newspaper with general circulation within Fayetteville and Fayette County, Georgia, on the following dates: Nov 11th, 1987, Nov 18th, 1987, and Nov 25th, 1987. CERTIFIED TO BY: /s/ Clifton Wilkinson, Jr. Clifton Wilkinson, Jr., City Manager

Page 5536

A copy of the text of this Ordinance was placed on file in the office of the Clerk of the City of Fayetteville and in the offices of the Clerk of the Superior Court of Fayette County for inspection by the public from the date of the first publication of said notice of synopsis of amendment until the second adoption of the Ordinance. CERTIFIED TO BY: /s/ Clifton Wilkinson, Jr. Clifton Wilkinson, Jr., City Manager This Ordinance was adopted by an affirmative vote of the following Councilmembers: /s/ Ann C. Mitchell Otis Ray Nichols J. B. Slaughter J. Alvin Huddleston, Jr. Hugh D. Jordan ATTESTED TO BY: /s/ Jack D. Dettmering Jack D. Dettmering, Mayor /s/ Clifton Wilkinson, Jr. Clifton Wilkinson, Jr., City Manager COUNTY OF FAYETTE STATE OF GEORGIA AFFIDAVIT The undersigned, being the managing editor of the FAYETTE COUNTY NEWS, and as such, an authorized representative of the FAYETTE COUNTY NEWS to make this Affidavit, and after being sworn before an officer duly authorized to administer oaths, hereby make this my Affidavit by stating that the attached Exhibit A contains a true and correct copy of the notice which was published in the FAYETTE COUNTY NEWS on November 11, 1987, November 18, 1987, and November 25, 1987. The FAYETTE

Page 5537

COUNTY NEWS is a newspaper with general circulation within Fayette County, Georgia. This the 18th day of December, 1987. /s/ Judy Kilgore JUDY KILGORE, MANAGING EDITOR Sworn to and subscribed before me this the 18th day of December, 1987. /s/ Helen S. Teague NOTARY PUBLIC County of Commission: Fayette Commission Expires: July 10, 1989 (Notary Seal) LEGAL 841 Notice for Publication The City of Fayetteville, pursuant to O.C.G.A. 36-35-3 proposes to amend its Charter so as to adopt a City Manager System of Organization and to provide method of appointment qualifications and removal of city managers, and to allow for two methods for the adoption of ordinances. A copy of this proposed amendment to the City's Charter is on file for inspection in the office of the Clerk of the City, Clifton Wilkinson, and in the offices of the Clerk of the Superior Court of Fayette County. The City Clerk shall furnish anyone who requests in writing a written copy of the proposed amendment. Adoption of this amendment shall be considered by the City Council at its meeting on Dec. 7, 1987, and Jan. 4, 1987 at the City Council Chambers in Fayetteville beginning at 7:30 o'clock, p.m. Nov. 11, 18, 25, 1987 Filed in the Office of the Secretary of State December 28, 1987.

Page 5538

CITY OF FAYETTEVILLEORDINANCES; METHODS OF ADOPTION. ORDINANCE NUMBER 0-43-87 ORDINANCE TO AMEND THE CITY CHARTER OF THE CITY OF FAYETTEVILLE, GEORGIA PURSUANT TO O.C.G.A. 36-35-3 CITY OF FAYETTEVILLE COUNTY OF FAYETTE STATE OF GEORGIA PREAMBLE : It is the desire of the City Council of the City of Fayetteville that it amend 2.12 of the Charter of the City of Fayetteville, to provide for two methods of adoption of ordinances. The first method shall allow the adopting of an ordinance only after a full text of the ordinance is presented for public inspection at a prior meeting. The second method will allow for the adoption of an ordinance upon the prior publication in a newspaper of general circulation in the City of Fayetteville giving notice of an intent to adopt an ordinance and a description of the purpose of the ordinance and a statement as to the time and place that the ordinance will be considered for adoption. It is the belief of the City Council that these two methods will give prior notice to the public of the consideration of ordinances for adoption and will also give the City Council flexibility in the methods and the time frame in which ordinances may be adopted. The Georgia Legislature, pursuant to O.C.G.A. 36-35-3, has authorized and ordained the rights of the City to amend it Charter. IT IS HEREBY ORDAINED AS FOLLOWS: The Charter of the City of Fayetteville, Section 2.12, as amended by the City Council of August 3, 1987, presently provides as follows: No ordinance, except in the case of an emergency, which shall be stated in the ordinance, shall be approved until the full text of the proposed ordinance is posted for public inspection at two consecutive council meetings not less than

Page 5539

seven (7) days apart. The posting of the ordinance shall be announced at the two meetings. The text of the ordinance shall be available at City Hall for public inspection after the first meeting. The ordinance may be adopted at the second meeting. The adoption of an ordinance may be continued from meeting to meeting upon public announcement at the second meeting or at subsequent meetings, of the council's intention to continue the vote on the adoption of the ordinance until the council's next meeting, be it called or regular. Said section shall be deleted in its entirety and there shall be substituted in lieu thereof a new section 2.12 which shall read as follows: No ordinance, except in the case of an emergency ordinance, which grounds for said emergency shall be stated in the ordinance, shall be adopted until one of the following procedures is followed: 1) The full written text of the proposed ordinance is posted for public inspection at two (2) consecutive council meetings, not less than seven (7) days and not more than forty-five (45) days apart. The posting of the ordinance shall be publically announced at the first meeting at which the text of the ordinance is posted. The text of the ordinance shall be available at City Hall for public inspection after the first meeting. The ordinance may be adopted at the second or subsequent meetings; or the adoption of an ordinance may be continued from meeting to meeting, upon public announcement at the second meeting or at subsequent meetings, of the Council's intention to continue the vote on the adoption of the ordinance until the Council's next meeting, be the next meeting called or regular. The ordinance may be amended or modified by the Council at the public meeting at which the ordinance is adopted. 2) At least five (5) days, but not more than forty-five (45) days prior to the meeting of the Council at which the ordinance shall be considered for adoption, the City Clerk shall cause to be published a notice of the proposed adoption of the ordinance stating the purpose of the ordinance, the date, time and place of its proposed adoption,

Page 5540

and the fact that the full written text of the proposed ordinance may be viewed at the office of the City Clerk. The text of the ordinance shall be available at City Hall for public inspection during regular business hours of the City Hall, from the time the notice is published until the ordinance's consideration and vote by the Council. The adoption of an ordinance may be continued from meeting to meeting, upon public announcement at any meeting of the Council's intention to continue the vote on the adoption of the ordinance until the Council's next meeting, be the next meeting called or regular. The ordinance may be amended or modified by the Council at the public meeting at which the ordinance is adopted. This Ordinance was read and adopted at two (2) consecutive Council meetings, to-wit: Nov. 2, 1987 and Dec. 7, 1987. A notice of a synopsis of this amendment was published once a week for three (3) consecutive weeks in the Fayette News, a newspaper with general circulation within Fayetteville and Fayette County, Georgia, on the following dates: Nov. 11th, 1987, Nov. 18th, 1987, and Nov 2, 1987. CERTIFIED TO BY: /s/ Clifton Wilkinson, Jr. Clifton Wilkinson, Jr., City Manager A copy of the text of this Ordinance was placed on file in the office of the Clerk of the City of Fayetteville and in the offices of the Clerk of the Superior Court of Fayette County for inspection by the public from the date of the first publication of said notice of synopsis of amendment until the second adoption of the Ordinance. CERTIFIED TO BY: /s/ Clifton Wilkinson, Jr. Clifton Wilkinson, Jr., City Manager

Page 5541

This Ordinance was adopted by an affirmative vote of the following Councilmembers: /s/ Ann C. Mitchell Ray Nichols J. B. Slaughter J. Alvin Huddleston, Jr. Hugh D. Jordan ATTESTED TO BY: /s/ Jack D. Dettmering Jack D. Dettmering, Mayor /s/ Clifton Wilkinson, Jr. Clifton Wilkinson, Jr., City Manager COUNTY OF FAYETTE STATE OF GEORGIA AFFIDAVIT The undersigned, being the managing editor of the FAYETTE COUNTY NEWS, and as such, an authorized representative of the FAYETTE COUNTY NEWS to make this Affidavit, and after being sworn before an officer duly authorized to administer oaths, hereby make this my Affidavit by stating that the attached Exhibit A contains a true and correct copy of the notice which was published in the FAYETTE COUNTY NEWS on November 11, 1987, November 18, 1987, and November 25, 1987. The FAYETTE COUNTY NEWS is a newspaper with general circulation within Fayette County, Georgia. This the 18th day of December, 1987. /s/ Judy Kilgore JUDY KILGORE, MANAGING EDITOR Sworn to and subscribed before me this the 18th day of December, 1987. /s/ Helen S. Teague NOTARY PUBLIC County of Commission: Fayette Commission Expires: July 10, 1989 (Notary Seal)

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LEGAL 841 Notice for Publication The City of Fayetteville, pursuant to O.C.G.A. 36-35-3 proposes to amend its Charter so as to adopt a City Manager System of Organization and to provide method of appointment qualifications and removal of city managers, and to allow for two methods for the adoption of ordinances. A copy of this proposed amendment to the City's Charter is on file for inspection in the office of the Clerk of the City, Clifton Wilkinson, and in the offices of the Clerk of the Superior Court of Fayette County. The City Clerk shall furnish anyone who requests in writing a written copy of the proposed amendment. Adoption of this amendment shall be considered by the City Council at its meeting on Dec. 7, 1987, and Jan. 4, 1987 at the City Council Chambers in Fayetteville beginning at 7:30 o'clock, p.m. Nov. 11, 18, 25, 1987 Filed in the Office of the Secretary of State December 28, 1987. CITY OF ALBANYBUDGET; LINE ITEM VETO BY MAYOR. AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35, OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO PROVIDE FOR VETO BY THE MAYOR OF LINE ITEMS IN ANY ADOPTED BUDGET; REPEALING PRIOR ORDINANCES 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:

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SECTION 1 . Section 3(d) of the Charter of the City of Albany entitled Organization; powers and duties of mayor generally. is amended by adding a new paragraph at the end of subsection (d) to read as follows: The Mayor shall have authority to veto any line item in any budget adopted by the Board of Commissioners by an instrument in writing filed with the City Clerk within ten (10) days after the adoption of said budget. Within twenty-four (24) hours after the filing of such veto, the City Clerk shall give written notice of said veto to each member of the Board of Commissioners and to the City Manager, and the Board of Commissioners may not later than the second regular meeting of the Board of Commissioners which occurs after the filing of said veto, overrule the veto of the Mayor by motion adopted by four (4) votes. If said veto is overruled, the budget shall stand as adopted; if said veto shall not be so overruled, said budget shall stand as if passed without the item vetoed. SECTION 2 . Pursuant to the provisions of Section 36-35-4 of the Official Code of Georgia Annotated, as amended, 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 ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed. /s/ W. M. Larry Bays MAYOR ATTEST: /s/ Sue Whiddon, Asst. CITY CLERK Adopted: 12-8-87 Adopted: 12-22-87 I do hereby certify that this is a true and correct copy. /s/ Sue Whiddon, Asst. City Clerk

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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, James M. Robinson, II who, having been sworn, states that (s)he is Classified Advertising Manager for The Albany Herald Publishing Company, Inc., that The Albany Herald Publishing Company, Inc. is the publisher of The Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia are published, and that the legal notice, a copy of which is annexed hereto, was published in The Albany Herald once a week for three (3) weeks on the following dates: November 10, 17, and 24, 1987. /s/ James M. Robinson, II Sworn to and subscribed before me this 25 day of November, 1987, in the presence of: /s/ Pauline Buckner Notary Public My Commission Expires May 20, 1989. (Seal) NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Albany so as to provide for veto by the Mayor of line items in any adopted budget. 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
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BY: James V. Davis City Attorney November 10, 17, 24, 1987 6002 Filed in the Office of the Secretary of State December 31, 1987. CITY OF ALBANYMAYOR PRO TEM; ELECTION. AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35, OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO PROVIDE FOR THE ELECTION OF A MAYOR PRO TEM ANNUALLY BY THE BOARD OF COMMISSIONERS; REPEALING PRIOR ORDINANCES 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 3 of the Charter of the City of Albany, as amended, providing for a Mayor, Mayor Pro Tem, and Board of Commissioners generally, is amended by striking therefrom the second, third, and fourth sentences of said section, which sentences read as follows: All of said commissioners, including the mayor and mayor's pro tem, shall hold office for a term of two years from the second Monday in January in each year next following the dates of their election, and until their successors are elected and qualified.

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There is also created the office of mayor pro tem, to be filled by rotation among the commissioners in the following order: by the commissioner from the first ward for the commission year 1985 and every seventh year thereafter; by the commissioner from the second ward for the commission year 1986 and every seventh year thereafter; by the commissioner from the third ward for the commission year 1987 and every seventh year thereafter; by the commissioner from the fourth ward for the commission year 1988 and every seventh year thereafter; by the commissioner from the fifth ward for the commission year 1989 and every seventh year thereafter; by the commissioner from the sixth ward for the commission year 1990 and every seventh year thereafter. The term `commission year' as used herein means the period commencing on the second Monday in January of the year, and terminating on the second Monday in January of the following year. (Ord. No. 84-114, 1, 2-28-84) and ordaining in lieu thereof the following: All of said commissioners, including the Mayor, shall hold office for a term of two (2) years from the second Monday in January in each year next following the dates of their election, and until their successors are elected and qualified. The Board of Commissioners shall annually, on the second Monday in January of each year, elect one of the members of the Board of Commissioners to serve as Mayor Pro Tem until the second Monday in January of the following year. SECTION 2 . Pursuant to the provisions of Section 36-35-4 of the Official Code of Georgia Annotated, as amended, 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 ordinances or parts of ordinances and all charter provisions or parts of charter provisions in conflict herewith are repealed. /s/ W. M. Larry Bays MAYOR

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ATTEST: /s/ Sue Whiddon, Asst. CITY CLERK Adopted: 12-8-87 Adopted: 12-22-87 I do hereby certify that this is a true and correct copy. /s/ Sue Whiddon, Asst. City Clerk (Seal) 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, James M. Robinson, II who, having been sworn, states that (s)he is Classified Advt. Manager for The Albany Herald Publishing Company, Inc., that The Albany Herald Publishing Company, Inc. is the publisher of The Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia are published, and that the legal notice, a copy of which is annexed hereto, was published in The Albany Herald once a week for three (3) weeks on the following dates: November 10, 17, and 24, 1987. /s/ James M. Robinson, II Sworn to and subscribed before me this 25 day of November, 1987, in the presence of: /s/ Pauline Buckner Notary Public My Commission Expires May 20, 1989. (Seal) NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, a Home Rule Ordinance proposing

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to amend the Charter of the City of Albany so as to provide for the election of a mayor pro tem annually. 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 November 10, 17, 24, 1987 5994 Filed in the Office of the Secretary of State December 31, 1987.